Case Explained: JOSE SANCHEZ OLIVARES V. TODD BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-06 The Ninth Circuit denied Jose Luis Sanchez Olivares’s petition for review of an order by the Board of Immigration Appeals (BIA) that dismissed his appeal of an Immigration Judge’s denial of cancellation of removal and voluntary departure, as well as a motion to remand. The court held that substantial evidence supports the Agency’s determination that Sanchez is statutorily ineligible for these forms of relief because he failed to establish “good moral character” under 8 U.S.C. §§ 1229b(b)(1) and 1229c(b)(1). Specifically, the court applied the statutory bar in 8 U.S.C. § 1101(f)(7), which precludes a petitioner from demonstrating good moral character if they have been confined as a result of conviction to a penal institution for an aggregate period of 180 days or more. The record confirmed Sanchez was sentenced to 364 days for a DUI conviction and actually served 201 days in custody, satisfying the statutory threshold. The court rejected Sanchez’s argument that his incarceration was not “as a result of conviction” because it was a condition of probation, noting this issue was not exhausted before the BIA. Additionally, the court found no abuse of discretion in the Immigration Judge’s denial of a continuance request, as the dates of incarceration were undisputed and counsel failed to articulate good cause for additional time to investigate; consequently, Sanchez’s due process claim also failed. The petition is denied, though the temporary stay of removal remains in place until the mandate issues. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.