Case Explained: ORELLANA BELTRAN V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-14 The Ninth Circuit dismissed Juan Carlos Orellana Beltran’s petition for review challenging an Immigration Judge’s negative reasonable fear determination regarding his application for protection under the Convention Against Torture (CAT). The court held that it lacked jurisdiction because a post-reinstatement reasonable fear determination is not a final order of removal and does not merge into one; since Beltran did not challenge his underlying 2006 removal order or the reinstatement decision, judicial review was unavailable. Even assuming jurisdiction existed, the court found no error in the Immigration Judge’s refusal to consider additional evidence, applying the substantial evidence standard and noting that due process does not mandate a right to present new evidence so long as the judge exercises discretion, which occurred here. Consequently, the petition is dismissed without reaching the merits of the CAT claim. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.