The following excerpt is from Cuenca v. Barr, 941 F.3d 1213 (9th Cir. 2019):
non-citizens right to file a motion to reopen under 1229a(b)(5)(C)(ii)." Id. at 1002. Thus, we held that "an individual placed in reinstatement proceedings under 1231(a)(5) cannot as a general rule challenge the validity of the prior removal order in the reinstatement proceeding itself. But she retains the right conferred by 1229a(b)(5)(C)(ii), to seek rescission of a removal order entered in absentia , based on lack of notice, by filing a motion to reopen at any time. " Id. at 100203 (quoting Andia v. Ashcroft , 359 F.3d 1181, 1184 (9th Cir. 2004) (per curiam)) (emphasis added).
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