The BIA, citing 8 CFR 1003.2(d) and 1003.23(b)(1), takes the position that the BIA and IJs lack jurisdiction to review motions filed by people who have been deported or have departed and that any departure from the United States constitutes the withdrawal of a pending motion. The Ninth and Eleventh Circuits, however, have found these regulations inapplicable in certain situations. Lin v. Gonzales, 473 F.3d 979 (9th Cir. 2007) (8 CFR 3.23(b)(1) "is phrased in the present tense and so by its terms applies only to a person who departs the United States while he or she is the subject of removal proceedings."; once a person leaves the United States, he or she is no longer subject to proceedings; where a noncitizen has been removed, and then files a motion to reopen, the proceedings have been completed and 8 CFR 3.23(b)(1) is no longer applicable); Contreras-Rodriguez v. U.S. Atty. Gen., 462 F.3d 1314 (11th Cir. 2006) (the statute and regulation governing motions to rescind in absentia orders, INA 240(b)(5)(C) and 8 CFR 1003.23(b)(4)(ii), allow a person who did not receive notice to file a motion to reopen "at any time," even if the client has departed the United States); Singh v. Gonzales, 412 F.3d 1117 (9th Cir. 2005) (8 CFR 1003.2(d) inapplicable to a motion to reopen to rescind an in absentia order where the noncitizen had departed the United States before the commencement of proceedings); Cardoso-Tlaseca v. Gonzales, 460 F.3d 1102 (9th Cir. 2006) (where a persons conviction is vacated, he or she has a right to file a motion to reopen, despite having been removed, if the conviction was a "key part" of the removal order), relying on Wiedersperg v. INS, 896 F.2d 1179 (9th Cir. 1990). But see, Navarro-Mianda v. Ashcroft, 330 F.3d 672 (5th Cir. 2003) (8 CFR 3.2(d) trumps the BIAs sua sponte authority to reopen and reconsider a case at any time).