Desai v. Attorney General, 695 F.3d 267 (3d Cir. Aug. 21, 2012) (the post-departure bar, under 8 C.F.R. 1003.2(d), which precludes a removed person from filing a motion to reopen immigration proceedings, can be invoked by the agency as a basis for refusing to reopen proceedings sua sponte under 8 C.F.R. 1003.2(a)); distinguishing Prestol Espinal v. Attorney General, 653 F.3d 213, 224 (3d Cir.2011) (the post-departure bar held invalid to the extent it conflicted with a statute, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, 8 U.S.C. 1229a(c)(7), that grants aliens the right to file one motion to reopen under certain conditions).