Juan Vasquez Barajas v. Todd Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 28, 2026
Docket19-70459
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
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NOT FOR PUBLICATION FILED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
JUAN JOSE VASQUEZ BARAJAS, No. 19-70459
Petitioner, Agency No.
A201-237-231
v.
TODD BLANCHE, Attorney General, MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 27, 2026**
Before: SILVERMAN, FORREST, and VANDYKE, Circuit Judges.
Juan Jose Vasquez Barajas, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings and his motion to reconsider and terminate. We
review for abuse of discretion the denial of a motion to reopen and motion 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, and the joint motion (Docket Entry No. 50) to submit the
case on the briefs is granted. See Fed. R. App. P. 34(a)(2).
reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We have
jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
The BIA did not abuse its discretion in denying the untimely and number-
barred motion to reopen where Vasquez Barajas failed to establish prima facie
eligibility for relief. See Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir. 2005)
(“An applicant must demonstrate that the new evidence, when considered together
with the evidence presented at the original hearing, would establish prima facie
eligibility for the relief sought.”).
The BIA also did not abuse its discretion in denying the motion to reconsider
and terminate where Vasquez Barajas’ contention that the immigration judge
lacked jurisdiction over his removal proceedings is foreclosed by United States v.
Bastide-Hernandez, 39 F.4th 1187, 1188, 1193 (9th Cir. 2022) (en banc) (lack of
hearing information in notice to appear does not deprive immigration court of
subject matter jurisdiction, and 8 C.F.R. § 1003.14(a) is satisfied when later notice
provides hearing information).
Vasquez Barajas does not challenge the BIA’s denial of sua sponte
reopening or reconsideration, so we do not address it. See Lopez-Vasquez v.
Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013).
PETITION FOR REVIEW DENIED.
2