Case Explained: FIGUEROA-ALVAREZ V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-17 The ninth-circuit dismissed the petitioner’s challenge to the denial of withholding of removal because he failed to raise the specific argument regarding the Immigration Judge’s changed circumstances finding before the Board of Immigration Appeals (BIA), thereby waiving the issue under Ninth Circuit precedent. The court denied the petition regarding the claim for relief under the Convention Against Torture, holding that the BIA’s factual finding—that the petitioner failed to establish a clear probability of future torture due to a lack of threats and his uneventful visits to Mexico—was supported by substantial evidence. However, the court granted the petition in part and remanded the case to the BIA because the agency failed to discuss or reinstate the Immigration Judge’s prior grant of voluntary departure, a discretionary form of relief that must be addressed by the agency in the first instance. The practical consequence is that the petitioner’s withholding and CAT claims are rejected, but the matter regarding voluntary departure returns to the BIA for consideration. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.