Administrative
Denial of motion to reopen a case when issued in the form of a letter is sufficiently final for review when the motion is based on an intervening change in the substantive law.
Where the statute gives the board the task of reopening a case, the decision of the board is subject to APA review.
As complaint phased the substantive issues but not the legal ones, insufficient exhaustion of administrative remedies.
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-3072.Opinion.1-12-2016.1.PDF
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.