Guzman Velasco v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 26, 2026
Docket24-2429
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 26 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA GUZMAN VELASCO; CAMILA No. 24-2429
ECHEVERRIA GUZMAN; NAYELI Agency Nos.
ECHEVERRIA GUZMAN, A220-490-474
A220-490-475
Petitioners,
A220-490-476
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 20, 2026 **
San Francisco, California
Before: CALLAHAN and LEE, Circuit Judges, and EZRA, District Judge.***
Maria Guzman-Velasco, a Salvadoran, seeks review of the denial of her
motion to reopen by the Board of Immigration Appeals (“BIA”) on behalf of
*
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).
***
The Honorable David A. Ezra, United States District Judge for the
District of Hawaii, sitting by designation.
herself and her minor children, Camila Echeverria-Guzman and Nayeli Echeverria-
Guzman (collectively “Petitioners”). Petitioners filed their motion to reopen after
their appeal of an Immigration Judge’s decision was dismissed by the BIA because
they did not file their opening brief. Petitioners contend that they failed to file the
brief because the electronic notice of the briefing schedule sent by the BIA was
diverted to their attorney’s spam email folder. The BIA declined to recognize their
attorney’s failure to identify the electronic correspondence containing the briefing
schedule in his firm’s spam folder as justifying equitable tolling under the
circumstances of their case. We deny Petitioners’ timely filed petition for review.
A denial of a motion to reopen is reviewed for abuse of discretion and relief
can only be granted if the BIA’s decision is arbitrary, irrational, or contrary to law.
Kaur v. Garland, 2 F.4th 823, 829 (9th Cir. 2021).
Petitioners have not shown that the BIA abused its discretion in denying
them equitable tolling. “Equitable tolling is available when ‘some extraordinary
circumstance stood in [the petitioner’s] way and prevented timely filing,’ and the
petitioner acted with ‘due diligence’ in pursuing the petitioner’s rights.” Eskilian
v. Bondi, 172 F.4th 682, 687 (9th Cir. 2026) (quoting Lona v. Barr, 958 F.3d 1225,
1230-32 (9th Cir. 2020)). However, attorneys have an obligation to “vigilantly
monitor their email inboxes, including spam folders, for service notifications from
[the Executive Office for Immigration Review (“EOIR”)], just as a person would
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for any important email communication.” EOIR Electronic Case Access and
Filing, 86 Fed. Reg. 70708, 70710 (Dec. 13, 2021). Petitioners do not contest that
the BIA sent the briefing schedule to the email provided by their attorney, thus the
BIA was neither “arbitrary” nor “irrational” in determining that their attorney’s
failure to check his spam folder was not an exceptional circumstance warranting
equitable tolling.
The BIA’s decision was also consistent with its decision in Matter of
Arciniegas-Patino, et al., 28 I. & N. Dec. 883, 886 (BIA 2025); it held that where
the “parties were properly served with electronic notice of the briefing schedule, a
representative’s failure to diligently monitor the inbox, including the spam folder,
of the email address of record does not excuse a party’s failure to comply with
briefing deadlines.” There, the BIA explained that there was an insufficient basis
for reconsideration where “[t]he respondents’ counsel [did] not dispute that she
received the email notification regarding the briefing schedule…[and did not]
indicate what efforts she or members of her staff made to monitor incoming email,
given her awareness of the pending appeal in this case.” Id.
Similarly, Petitioners here knew about their obligation to file an opening
brief. Petitioners filed a Notice of Appeal (“NOA”) and checked the “Yes” box in
response to the question, “Do you intend to file a separate written brief or
statement after filing this [NOA]?” The NOA included a warning that the BIA
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may summarily dismiss an appeal if an applicant checked the “Yes” box but failed
to file a written brief within the timeframe set in the briefing schedule later issued.
Given that the BIA sent electronic notice to the address provided by Petitioners’
counsel, the fact that Petitioners were aware of their obligation to file a brief, and
the BIA’s consistent perspective on the issue, Petitioners have not shown that the
BIA abused its discretion in denying their motion to reopen.
Petitioners’ counterarguments are unpersuasive. While Matter of Morales-
Morales, 28 I. & N. Dec. 714, 718 (BIA 2023), suggests that the BIA could
equitably toll the deadline for an untimely brief, as they can for an NOA, it also
reaffirms that the BIA has the discretion to refuse to do so where it finds the
circumstances to be unexceptional. Although In re G-Y-R-, 23 I. & N. Dec. 181,
183 (BIA 2001), indicates that granting a motion to reopen is not discretionary
where the motion is based on lack of notice of the proceedings, here, Petitioners
received the briefing schedule sent to the email address provided by their counsel.
Thus, neither case undermines the BIA’s determination that Petitioners did not
present extraordinary circumstances that merit equitable relief.
Petitioners have also not shown that the BIA erred in declining to reopen
their appeal sua sponte. The Ninth Circuit’s jurisdiction to review the denial of
sua sponte reopening is limited to determining whether the BIA based its decision
on legal or constitutional error. Bonilla v. Lynch, 840 F.3d 575, 581 (9th Cir.
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2016). As Petitioners’ single sentence request for sua sponte relief provided no
supporting facts or legal arguments, they cannot show that the BIA’s denial of
relief was legal or constitutional error.
The petition for review is DENIED.
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