09/09/2026
So proud and happy to share that we have won another
U.S. Circuit Court case before the 2nd Circuit. The court agreed with us that foreign nationals can seek motions to reopen reinstatement orders before Customs and Border Protection and that the decisions are subject to review by a federal court.
“As to the 2023 denial of Santos’s motion, we conclude that 8 U.S.C.
§§ 1252(a) and 1252(b)(6) together grant us jurisdiction to review CBP’s denial of
Santos’s motion to reopen. We further hold that 8 C.F.R § 103.5(a) authorizes CBP
to reopen, reconsider, and rescind its decisions to reinstate removal orders. We
hold that CBP denied Santos’s motion on the erroneous understanding that it had
no authority to reopen or reconsider its reinstatement decision, that it therefore
misperceived the law and, as such, that it abused its discretion.”
