; and (ii) shall grant the application for withholding of removal under section 241(b)(3) or protection under the Convention Against Torture, as applicable. (C) Affirmation of order of removal In the case of a determination by the Protection Appellate Board that the petition for review of a protection merits interview does not warrant approval, the Protection Appellate Board shall affirm the denial of such application and the order of removal shall become final. (D) Notification Upon making a determination with respect to a review under this subsection, the Protection Appellate Board shall expeditiously provide notice of the determination to the alien and, as applicable, to the alien’s counsel of record. (8) Motion to reopen or motion to reconsider (A) Motion to reopen A motion to reopen a review conducted by the Protection Appellate Board shall state new facts and shall be supported by documentary evidence. The resubmission of previously provided evidence or reassertion of previously stated facts shall not be sufficient to meet the requirements of a motion to reopen under this subparagraph. An alien with a pending motion to reopen may be removed if the alien’s order of removal is final, pending a decision on a motion to reopen. (B) Motion to reconsider (i) In general A motion to reconsider a decision of the Protection Appellate Board— (I) shall establish that— (aa) the Protection Appellate Board based its decision on an incorrect application of law or policy; and (bb) the decision was incorrect based on the evidence in the record of proceedings at the time of the decision; and (II) shall be filed not later than 30 days after the date on which the decision was issued. (ii) Limitation The Protection Appellate Board shall not consider new facts or evidence submitted in support of a motion to reconsider. (f) Order of removal (1) In general The Secretary— (A) shall have exclusive and final jurisdiction over the denial of an application for relief or protection under this section