Case Explained: ROZALIYA MYGALYUK, ET AL V. TODD BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-07-30 The ninth-circuit denied the petition for review of the Board of Immigration Appeals’ decision denying the petitioners’ motion to reopen their asylum, withholding of removal, and Convention Against Torture applications based on changed country conditions in Ukraine. The court applied an abuse of discretion standard, upholding the BIA’s determination unless it was arbitrary, irrational, or contrary to law. The court held that the petitioners failed to demonstrate a material change in conditions sufficient to establish prima facie eligibility for relief. Specifically, the court agreed with the BIA that evidence regarding persecution of Pentecostal Christians in eastern Ukraine was not material because the petitioners did not show they lived or would be forced to live in that region. Additionally, the court found that forced military conscription generally does not constitute persecution on account of a protected ground, and the petitioners provided no evidence that their derivative petitioner would be targeted for conscription due to his religion. Finally, the court concluded that evidence of generalized violence from the armed conflict did not establish eligibility for relief without showing a specific well-founded fear of future persecution. The practical consequence is that the BIA’s denial of the motion to reopen stands and the petitioners’ applications remain denied. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.