Case Explained: JAIMES SOLANO V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-10 The ninth-circuit dismissed the petition for review of the Board of Immigration Appeals’ denial of a third motion to reopen. While the court retains jurisdiction to review BIA decisions denying sua sponte reopening motions solely to check for legal or constitutional error, it found that the petitioner failed to identify any such error in the agency’s reasoning regarding the Department of Homeland Security’s lack of opposition or factors related to diligence. Additionally, the court noted that while it has jurisdiction over claims regarding equitable tolling of numerical limitations on motions to reopen under 8 U.S.C. § 1252, the petitioner failed to exhaust this specific issue before the BIA. Consequently, the petition is dismissed for lack of jurisdiction, though the 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.