Camargo-Gomez v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 13, 2026
Docket23-1728
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 13 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROCAEL CAMARGO-GOMEZ, No. 23-1728
Agency No.
Petitioner, A071-607-068
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2026**
San Francisco, California
Before: S.R. THOMAS, KOH, and TUNG, Circuit Judges.
Rocael Camargo-Gomez petitions this court for review of a Board of
Immigration Appeals (“BIA”) decision on his motion to reopen. We have
jurisdiction under 8 U.S.C. § 1252, and we deny the petition.
1. Camargo-Gomez challenges the BIA’s decision not to reopen his removal
*
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).
proceedings after the government reinstated his removal order. When the BIA
adopts and supplements the immigration judge’s (“IJ”) views of the law and
evidence, we review both decisions. See Bhattarai v. Lynch, 835 F.3d 1037, 1042
(9th Cir. 2016); Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011).
We review denials of motions to reopen for abuse of discretion. Mohammed v.
Gonzales, 400 F.3d 785, 791 (9th Cir. 2005).
Congress empowered the government to reinstate removal orders. If the
government wishes to reinstate an order, the law “only requires proof that (1)
petitioner is an alien, (2) who was subject to a prior removal order, and (3) who
illegally reentered the United States.” Morales-Izquierdo v. Gonzales,
486 F.3d 484, 495 (9th Cir. 2007) (en banc). So long as the government makes that
showing, “the prior order of removal is reinstated from its original date and is not
subject to being reopened or reviewed.” 8 U.S.C. § 1231(a)(5). Camargo-Gomez
admits that he is an alien who reentered the United States illegally after he was
subject to a prior removal order. And the government reinstated his removal order.
Accordingly, section 1231(a)(5) “unambiguously” bars courts and agencies from
reopening his proceedings. Cuenca v. Barr, 956 F.3d 1079, 1084 (9th Cir. 2020),
abrogated on other grounds by Suate-Orellana v. Garland, 101 F.4th 624, 632
(9th Cir. 2024).
Camargo-Gomez argues that we should review his claim anyway. The
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government first removed Camargo-Gomez in 1992 because of his state felony
conviction. But twenty-six years after he reentered the United States, a California
court vacated his conviction. According to Camargo-Gomez, reinstating the
removal order would cause a “gross miscarriage of justice” that merits reopening.
However, section 1231(a)(5) is a mandatory claim-processing rule. See
Suate-Orellana, 101 F.4th at 630–32 (describing section 1231(a)(5) as a claim-
processing rule); Cuenca, 956 F.3d at 1084 (construing section 1231(a)(5)’s
language as mandatory); Rios-Arevalo v. Bondi, No. 17-72582, 2026 WL 710561, at
*1 (9th Cir. Mar. 13, 2026). And the government invoked that rule at every stage of
Camargo-Gomez’s proceedings. See Suate-Orellana, 101 F.4th at 629. Under these
circumstances, section 1231(a)(5) bars Camargo-Gomez’s claim.
2. As an alternative, Camargo-Gomez asks us not to apply section 1231(a)(5)
because it infringes on his “vested right” to have his case considered under pre-
IIRIRA law. This is not the first time Camargo-Gomez has raised this issue. He
made the same argument when he petitioned us for review in 2023. See Camargo-
Gomez v. Garland, No. 21-1022, 2023 WL 3019062, at *1 (9th Cir. Apr. 20, 2023).
We squarely rejected his claim. See id. That holding is law of the case. Hall v. City
of Los Angeles, 697 F.3d 1059, 1067 (9th Cir. 2012).
PETITION DENIED.1
1
Petitioner’s motion to stay removal (23-1728, Dkt. 14.1) is DENIED.
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