Case Explained: DOAN V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-10 The Ninth Circuit denied Hong Thanh Doan’s petition for review of the Board of Immigration Appeals’ decision to dismiss his appeals regarding the denial of a motion to reopen removal proceedings and vacate a final in absentia order, as well as a motion to reconsider that denial. The court applied an abuse of discretion standard to the Agency’s denials, reviewing legal conclusions de novo and factual findings for substantial evidence. The court held that substantial evidence supported the Agency’s finding that Doan was personally served with the Notice to Appear (NTA) as required by 8 U.S.C. § 1229(a)(1). Applying a presumption of regularity to the service of an NTA, the court ruled that Doan’s sworn statements refuting personal service were insufficient to overcome this presumption absent clear evidence to the contrary. The court found the Agency properly relied on marks in the signature box rather than speculation and correctly weighed Doan’s declarations against other record evidence. Consequently, the court affirmed that the Agency did not abuse its discretion in denying the motions. The practical consequence is that the petition for review is denied, though a temporary stay of removal remains in effect until the mandate issues. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.