Umanzor Escobar v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 23, 2026
Docket22-2068
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 23 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KAREN GABRIELA UMANZOR No. 22-2068
ESCOBAR, Agency No.
A094-287-754
Petitioner,
v. MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 21, 2026**
Pasadena, California
Before: BUMATAY, VANDYKE, and MENDOZA, Circuit Judges.
Petitioner Karen Gabriela Umanzor Escobar, a native and citizen of Honduras,
petitions for review of a decision by the Board of Immigration Appeals (BIA)
dismissing her appeal of an Immigration Judge’s (IJ) order denying her motion to
reopen and rescind her in absentia removal order. We review denials of motions to
*
This disposition is not appropriate for publication and is not precedent except as
provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without oral
argument. See Fed. R. App. P. 34(a)(2).
reopen for abuse of discretion, Sembring v. Gonzales, 499 F.3d 981, 985 (9th Cir.
2007), and will grant the petition only if the agency’s decision is “arbitrary,
irrational, or contrary to law,” Singh v. INS, 295 F.3d 1037, 1039 (9th Cir. 2002).
We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition.
We conclude that the agency correctly denied Petitioner’s motion because it
was not properly filed within the 180-day statutory deadline.1 The IJ may rescind
an in absentia removal order “upon a motion to reopen filed within 180 days after
the date of the order of removal if the alien demonstrates that the failure to appear
was because of exceptional circumstances.” 8 U.S.C. § 1229a(b)(5)(C)(i). If the
“alien has the requisite notice, failure to move for reopening within [the statutory]
180-day period precludes relief from deportation. There are no exceptions to this
statutory time bar.” Singh-Bhathal v. INS, 170 F.3d 943, 946 (9th Cir. 1999)
(citation omitted).2 Federal regulations require that a motion to reopen “be in writing
1
Because we conclude the agency properly denied Petitioner’s motion to reopen as
untimely, we need not address the agency’s alternative, dispositive finding that
Petitioner’s motion failed to establish that exceptional circumstances beyond her
control caused her failure to appear. See Stoyanov v. INS, 172 F.3d 731, 735 (9th
Cir. 1999) (recognizing that a reviewing court may uphold BIA’s alternative basis
for decision).
2
Singh-Bhathal applied a previous version of the 180-day statutory deadline for
filing motions to reopen that has since been repealed. See Singh-Bhathal, 170 F.3d
at 946; Sanchez Rosales v. Barr, 980 F.3d 716, 720 n.2 (9th Cir. 2020). But that
provision is substantively identical to the statute currently in force. Compare 8
U.S.C. § 1252b(c)(3)(A) (1995), repealed by Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, div. C, tit.
2
and signed by the affected party or the attorney . . . of record, if any.” 8 C.F.R.
§ 1003.23(b)(1)(i). And where, as here, “the moving party . . . is represented, a
Form EOIR-28, Notice of Appearance as Attorney or Representative Before an
Immigration Judge must be filed with the motion.” Id. § 1003.23(b)(1)(ii) (emphasis
added); see also U.S. Dep’t of Just., Exec. Off. of Immigr. Rev., Immigration Court
Practice Manual Chapter 4.7(b)(1) (2026), available at
https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-4-7
[https://perma.cc/KJH9-EKJZ], (“[I]f the alien is represented by a practitioner of
record or has received document assistance from a practitioner, the motion must be
accompanied by a Form EOIR-28.” (emphasis added)). In Cui v. Garland, a panel
of this court held that a motion to reopen was not timely filed when (1) the
immigration court rejected the filing because the petitioner’s attorney did not
properly enter an appearance and (2) the petitioner’s attorney did not correct the
error before the 180-day filing period ended. 13 F.4th 991, 997–98 (9th Cir. 2019).
Here, the IJ ordered Petitioner removed in absentia on July 3, 2019. On
December 27, 2019, Petitioner’s counsel attempted to file a motion to reopen without
submitting the required notice of appearance. On the next business day, December
III, § 308(b)(6), 110 Stat. 3009, 3009–615 (providing that an in absentia removal
order “may be rescinded . . . upon a motion to reopen filed within 180 days after the
date of the order of deportation if the alien demonstrates that the failure to appear
was because of exceptional circumstances”) with 8 U.S.C. § 1229a(b)(5)(C)(i).
3
30, 2019—the last day of the 180-day filing period—the immigration court gave
notice that it had rejected the motion because it lacked the required notice-of-
appearance form and mailed the rejection notice to Petitioner’s counsel. Petitioner’s
counsel did not attempt to refile the motion with the required notice-of-appearance
form until January 10, 2020—several days after the 180-day statutory deadline
expired. The agency thus did not act arbitrarily, irrationally, or contrary to law when
it enforced its regulation requiring a notice to appear and found that Petitioner failed
to timely file a motion to reopen. See Cui, 13 F.4th at 997–98; Singh-Bhathal, 170
F.3d at 946.3
Petitioner argues that the agency should have “looked to the rules regarding
timely filing of an asylum application for guidance” in construing the deadlines for
filing her motion to reopen, and that the agency should have equitably tolled the 180-
day filing deadline based on the “unique circumstances” in this case. But Petitioner
raised neither argument before the agency. See Magana-Magana v. Bondi, 129 F.4th
3
Petitioner argues that, unlike in Cui, her attorney received notice of the rejected
filing after the 180-day deadline expired. See Cui 13 F.4th at 997–98 (counting the
day the rejection notice was mailed, Cui’s counsel had “fourteen days left before the
[180-day deadline expired] to refile a motion to reopen”). But this distinction
doesn’t help Petitioner. Petitioner’s counsel waited until the Friday before the
deadline to file the motion to reopen. In doing so, she ran the risk that she would
not receive notice of a rejected filing before the deadline expired the following
Monday. And Petitioner—who is represented by the same attorney before this
court—does not bring an ineffective assistance claim; nor does she offer any reason
her attorney could not have attempted to file the motion to reopen earlier.
4
557, 574 (9th Cir. 2025) (argument that petitioner faced extraordinary circumstances
was insufficient to put BIA on notice of tolling argument, when petitioner never
mentioned tolling). Because she failed to exhaust these arguments, we may not
consider them. 8 U.S.C. § 1252(d)(1); Umana-Escobar v. Garland, 69 F.4th 544,
550 (9th Cir. 2023).
PETITION DENIED.
5