Amalia Tianguistengo-Otero v. Todd Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 28, 2026
Docket19-71484
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 28 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AMALIA TIANGUISTENGO-OTERO, No. 19-71484
Petitioner, Agency No. A200-602-998
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 26, 2026**
Phoenix, Arizona
Before: GRABER, HURWITZ, and BADE, Circuit Judges.
Petitioner Amalia Tianguistengo-Otero, a native and citizen of Mexico,
entered the United States in 1995 without being admitted. Removal proceedings
began in 2010. In January of 2018, an immigration judge (“IJ”) denied Petitioner’s
application for cancellation of removal. In March of 2018, Petitioner moved 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 proceedings to apply for asylum and withholding of removal. An IJ denied
the motion to reopen and, in 2019, the Board of Immigration Appeals (“BIA”)
dismissed Petitioner’s appeal and denied her motion to terminate. Petitioner seeks
review only of the denial of her motion to reopen. We have jurisdiction under 8
U.S.C. § 1252(a). We review the denial of a motion to reopen for abuse of
discretion, Reyes-Corado v. Garland, 76 F.4th 1256, 1259 (9th Cir. 2023), and we
deny the petition.
1. The BIA permissibly ruled that some of Petitioner’s evidence was not
new and could have been presented at the hearing in 2018. See Iturribarria v. INS,
321 F.3d 889, 895 (9th Cir. 2003) (“A motion to reopen may only be granted upon
a proffer of material evidence that was not available and could not have been
discovered or presented at the former hearing.” (cleaned up)); 8 C.F.R.
§ 1003.2(c)(1); see also 8 U.S.C. § 1229a(c)(7)(B). Her cousin was robbed and
murdered in 2015, and the domestic violence that Petitioner suffered also appears
to have occurred before the merits hearing. As to her ex-husband’s presence in the
town where she would expect to locate if removed, the BIA permissibly concluded
that Petitioner presented no evidence reflecting that her fear is based on new facts
discovered after the merits hearing.
2. The BIA also permissibly ruled that the facts that were new did not
demonstrate a reasonable likelihood of success on the merits of the asylum and
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withholding claims. See Kaur v. Garland, 2 F.4th 823, 833 (9th Cir. 2021) (holding
that, to prevail on a motion to reopen, the petitioner must demonstrate that the new
evidence “reveals a reasonable likelihood that the statutory requirements for relief
have been satisfied” (citation omitted)). After the merits hearing, two of
Petitioner’s cousins were shot and wounded. Petitioner argues that she fears future
persecution based on her membership in her family. See 8 U.S.C.
§§ 1158(b)(1)(B)(i), 1101(a)(42)(A) (providing that an asylum applicant may
establish a well-founded fear of persecution on account of their membership in a
particular social group); id. § 1231(b)(3)(A) (providing that removal generally
must be withheld if the non-citizen’s life or freedom would be threatened because
of membership in a particular social group); see also Rios v. Lynch, 807 F.3d 1123,
1128 (9th Cir. 2015) (holding that family is “the quintessential particular social
group”). But the BIA permissibly concluded that the evidence failed to explain the
circumstances of the shooting and thus did not show a reasonable likelihood that
Petitioner could establish that she might be a target of future persecution based on
her membership in her family. See 8 U.S.C. § 1158(b)(1)(B)(i) (describing burden
of proof for an asylum claim); Maini v. INS, 212 F.3d 1167, 1174 (9th Cir. 2000)
(holding that “[t]he persecuting group’s motive . . . is crucial to a determination of
whether a petitioner is entitled to asylum”); Garcia v. Wilkinson, 988 F.3d 1136,
1146 (9th Cir. 2021) (holding that an applicant for withholding of removal “must
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show a clear probability of persecution because of a protected ground” (cleaned
up)). Because the BIA did not “act[] arbitrarily, irrationally, or contrary to law,”
we do not disturb its ruling. See Reyes-Corado, 76 F.4th at 1259 (citation omitted).
3. In addition, Petitioner argues that she was denied her right to due process
because the BIA failed to consider all the evidence presented in the motion to
reopen and failed to explain the decision adequately. We review due process
claims de novo, Zetino v. Holder, 622 F.3d 1007, 1011–12 (9th Cir. 2010), and are
unpersuaded by Petitioner’s arguments.
“[T]his court generally presumes that the BIA thoroughly considers all
relevant evidence in the record.” Szonyi v. Barr, 942 F.3d 874, 897 (9th Cir. 2019).
Nothing in the record supports the conclusion that the BIA did not consider all the
evidence before it.
Finally, the BIA sufficiently explained its decision to allow for meaningful
judicial review. See Lemus-Escobar v. Bondi, 158 F.4th 944, 952 (9th Cir. 2025)
(noting that the BIA abuses its discretion if it fails to provide a reasoned
explanation for denial of reopening). The BIA gave more than a cursory response
explaining why Petitioner’s new evidence of assaults on her family members did
not merit a reopening. It also permissibly concluded that Petitioner’s evidence of
hardship to her children was not new because it could have been presented at the
merits hearing. See Iturribarria, 321 F.3d at 895.
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PETITION DENIED.
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