Case Explained: JOSE BACA-HERNANDEZ V. TODD BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-14 The Ninth Circuit granted the consolidated petitions for review and remanded the case to the Board of Immigration Appeals (BIA) because the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings based on a finding that he was competent. The court applied the standard that an immigration judge must take measures to determine competency when there are indicia of incompetence, defined as having a rational and factual understanding of the proceedings, the ability to consult with counsel, and a reasonable opportunity to present evidence. The court found such indicia in the record, noting that the petitioner was permanently blind due to a 2015 shooting, appeared pro se, struggled to recall basic facts, and explicitly informed the judge he was missing information and having trouble, yet the immigration judge failed to conduct any further inquiry. Consequently, the case is remanded so that the immigration judge may take measures to determine whether the petitioner was competent to participate in his removal proceedings. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.