Case Explained: DE LEON-RIOS V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-26 The ninth-circuit denied the petition for review of the Board of Immigration Appeals’ order dismissing an appeal from an immigration judge’s decision denying applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court applied the substantial evidence standard to factual findings and de novo review to constitutional claims. It held that substantial evidence supported the denial of CAT deferral because the petitioner failed to demonstrate it was more likely than not he would be tortured upon return to Mexico if returned. The court rejected a due process claim regarding a waiver of removability, ruling there was no prejudice since the petitioner was ineligible for such a waiver. Additionally, the court declined to consider new allegations of harm to family members and materials outside the administrative record because they were not raised before the BIA or included in the record, citing exhaustion requirements under 8 U.S.C. § 1252(d)(1). The challenge to a separate motion to reopen was also dismissed as not properly before the court. Consequently, all pending motions are denied as moot, and the petitioner’s removal proceedings remain in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.