Case Explained: OSORIO MEJIA V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-17 The Ninth Circuit denied the petition for review of a Board of Immigration Appeals decision dismissing an appeal from an Immigration Judge’s denial of asylum, withholding of removal, and Convention Against Torture (CAT) protection. The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to accept a late-filed brief because the delay resulted from his counsel’s error, specifically an “oversight” where the brief was never printed or mailed. Furthermore, the court determined that the petitioner failed to exhaust his asylum and withholding of removal claims under 8 U.S.C. § 1252(d)(1) because he did not timely file a brief before the BIA to contest the Immigration Judge’s finding regarding the Guatemalan government’s ability or willingness to protect him; consequently, these claims were disposed of without reaching the merits. Finally, the court found substantial evidence supported the denial of CAT protection, as the record did not compel the conclusion that a public official would acquiesce in future torture. As a result, the petition is denied and the BIA’s order stands. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.