Case Explained: Summary Calendar Ana Ailed Quesada-Ladron De Guevara v. Todd Wallace Blanche, Acting U.S. Attorney General

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-22 The Fifth Circuit denied the petition for review of the Board of Immigration Appeals’ (BIA) decision dismissing an appeal from an immigration judge’s denial of a motion to reopen proceedings to rescind an in absentia removal order. The court held that the petitioner failed to demonstrate that the BIA abused its discretion, specifically finding that she forfeited review of the BIA’s determination that her motion was untimely because she only argued extraordinary circumstances without addressing the statutory limitations period required under 8 U.S.C. § 1229a(b)(5)(C)(i). Regarding equitable tolling, the court ruled she failed to establish due diligence, noting that despite having contact information for the immigration court in her possession and knowing she missed her hearing, she inexplicably failed to contact the court within the 180-day window and waited over two years to secure counsel before filing a motion five years after the limitations period expired. The court also declined to consider a due process claim because it was not raised in the BIA briefs and held that a denial of a motion to reopen cannot violate the Due Process Clause as the decision is purely discretionary. Consequently, the petition for review is denied, leaving the removal order in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.