Case Explained: BUSTOS-ALONSO V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-05 The ninth-circuit denied the petitions in part, dismissed them in part, and granted them in part regarding Rafael Bustos-Alonso’s challenges to Board of Immigration Appeals (BIA) decisions. The court held that the BIA erred in ruling the petitioner forfeited his challenge to the denial of withholding of removal because, as a pro se litigant, his filings sufficiently put the agency on notice of the issue under Ninth Circuit precedent. Furthermore, the court found that the categorical bar to asylum previously applied due to the petitioner’s domestic violence convictions no longer applies following the en banc decision in *United States v. Gomez*, and the petitioner’s state court vacatur of those convictions under California Penal Code section 1473.7(a)(1) means he is no longer considered convicted for immigration purposes. Consequently, the petitions were granted with respect to asylum and withholding of removal, requiring the agency to reconsider these applications on remand. Regarding Convention Against Torture (CAT) relief, the court affirmed the BIA’s denial, finding substantial evidence supported the conclusion that the petitioner failed to demonstrate a likelihood of future torture given the age of the threat against his father and the feasibility of safe relocation within Mexico. The court also denied challenges to the BIA’s denials of motions to reopen and reconsider for cancellation of removal, ruling that the BIA did not abuse its discretion in denying the first motion due to procedural defects (failure to attach a completed application) and in denying the second motion because the petitioner failed to establish the requisite “exceptional and extremely unusual hardship” required by 8 U.S.C. § 1229b(b)(1)(D). Finally, the court dismissed challenges to the denial of sua sponte reopening due to lack of jurisdiction. The practical consequence is that the case is remanded for further proceedings specifically concerning the petitioner’s eligibility for asylum and withholding of removal, while all other relief requests are denied or dismissed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.