Persaud v. Blanche
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 30, 2026
Docket26-60208
StatusUnpublished
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Full Opinion
Case: 26-60208 Document: 72-1 Page: 1 Date Filed: 10/30/2026
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 26-60208
FILED
October 30, 2026
Summary Calendar
____________ Thomas B. Plunkett, III
Clerk
Keeran Persaud,
Petitioner,
versus
Todd Wallace Blanche, U.S. Attorney General,
Respondent.
______________________________
Petition for Review of an Order of the
Board of Immigration Appeals
Agency No. A097 538 476
______________________________
Before Higginbotham, Smith, and Ho, Circuit Judges.
Per Curiam: *
Keeran Persaud, a native and citizen of Guyana, petitions for review
of a decision by the Board of Immigration Appeals (BIA) summarily
dismissing his appeal from an immigration judge’s (IJ) denial of his motion
to reopen as untimely and affirming the IJ’s denial of his motion to
reconsider.
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 26-60208
We review the denial of both a motion to reopen and a motion to
reconsider “under a highly deferential abuse-of-discretion standard.” Lowe
v. Sessions, 872 F.3d 713, 715 (5th Cir. 2017) (internal quotation marks and
citation omitted). We also review a summary dismissal by the BIA for abuse
of discretion. Rioja v. Ashcroft, 317 F.3d 514, 515 (5th Cir. 2003).
Persaud’s challenges to the BIA’s summary dismissal of his appeal
from the IJ’s denial of his motion to reopen are unavailing. His appeal was
untimely, and because he did not raise an equitable tolling argument, the BIA
did not err in deeming the appeal untimely and not conducting an equitable
tolling analysis. See 8 C.F.R. § 1003.38(b) (2025); Pace v. DiGuglielmo, 544
U.S. 408, 418 (2005); Boch-Saban v. Garland, 30 F.4th 411, 413 (5th Cir.
2022). We will not consider his current argument that he was entitled to
equitable tolling, as the Government has raised exhaustion. See Carreon v.
Garland, 71 F.4th 247, 257 (5th Cir. 2023). Further, Persaud’s claim that his
due process rights were violated fails because aliens have no due process
rights with respect to discretionary relief, Ramos-Portillo v. Barr, 919 F.3d
955, 963 (5th Cir. 2019), and reopening is discretionary, Santos-Zacaria v.
Garland, 598 U.S. 411, 425 (2023). The BIA did not abuse its discretion by
summarily dismissing the appeal. See Rioja, 317 F.3d at 515.
Turning to Persaud’s challenges to the BIA’s affirmance of the IJ’s
denial of his motion to reconsider, his argument that the departure bar in 8
C.F.R. § 1003.23(b)(1) did not apply to his request for sua sponte reopening
is unavailing. See Lugo-Resendez v. Lynch, 831 F.3d 337, 341-42 (5th Cir.
2016). And, contrary to his assertion, the Supreme Court’s decision in Kisor
v. Wilkie, 588 U.S. 558 (2019), does not displace the application of circuit
precedent here. See Moore v. Tangipahoa Par. Sch. Bd., 921 F.3d 545, 547 (5th
Cir. 2019); Mercado v. Lynch, 823 F.3d 276, 279 (5th Cir. 2016). Additionally,
the agency did not err by failing to consider out-of-circuit precedent, see Arce-
Vences v. Mukasey, 512 F.3d 167, 172 (5th Cir. 2007); Matter of U. Singh, 25 I.
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No. 26-60208
& N. Dec. 670, 672 (BIA 2012), and his assertion that the agency did not
properly address his Kisor argument is belied by the record, see L.N. v.
Garland, 109 F.4th 389, 396 (5th Cir. 2024).
Next, Persaud’s challenges to the validity of his removal order, which
was entered in accordance with a stipulated request for a removal order and
a waiver of hearing, are without merit. Insofar as Persaud argues that he did
not enter into the stipulation knowingly, voluntarily, or intelligently, the
record does not support this contention. His claim that the regulations
required the IJ to conduct an “independent judicial inquiry” into the validity
of the stipulation in the form of a hearing is unsupported, and he does not
identify any authority from this court requiring such an inquiry. See 8 C.F.R.
§ 1003.25(b). Additionally, contrary to his assertions, he was not removed in
absentia and his defective notice to appear did not render his removal order
invalid on that basis, see 8 U.S.C. § 1229a(b)(5)(A), and the BIA did not err
in determining that his case was distinguishable from Campos-Chaves v.
Garland, 602 U.S. 447 (2024).
As for Persaud’s due process claims based on the validity of his
removal order, given that the above claims are without merit, the premise of
his due process claims necessarily fails. See Arteaga-Ramirez v. Barr, 954
F.3d 812, 813 (5th Cir. 2020). Further, he has no due process rights with
respect to the discretionary remedy of reconsideration. See Santos-Zacaria,
598 U.S. at 425; Ramos-Portillo, 919 F.3d at 963. The BIA thus did not abuse
its discretion in affirming the IJ’s denial of his motion to reconsider. See
Lowe, 872 F.3d at 715.
The petition for review is DENIED.
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