Santos v. Blanche

Summary

The Second Circuit held that a reinstatement order is a final order of removal subject to judicial review under 8 U.S.C. §1252(a) and that Santos’s petition challenging the 2017 reinstatement order was untimely and not entitled to equitable tolling, so the petition was denied. The court also held that CBP has authority under 8 C.F.R. §103.5 to reopen, reconsider, and rescind a reinstatement order, that CBP erred in denying Santos’s motion, and therefore granted the petition, vacated the denial, and remanded for further proceedings.