Sylviana Chandra v. Todd Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 28, 2026
Docket18-70326
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NOT FOR PUBLICATION FILED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
SYLVIANA CHANDRA; et al., No. 18-70326
Petitioners, Agency Nos.
A088-558-608
v. A088-558-609
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.
Sylviana Chandra and her husband, natives and citizens of Indonesia,
petition for review of the Board of Immigration Appeals’ (“BIA”) order denying
their motion to reopen removal proceedings. We review for abuse of discretion the
denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.
2005). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and
*
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).
dismiss in part the petition for review.
The BIA did not abuse its discretion in denying the untimely and number-
barred motion to reopen where petitioners 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.”).
As to sua sponte reopening, we have jurisdiction to review this discretionary
determination only for legal or constitutional error. See Lona v. Barr, 958 F.3d
1225, 1227 (9th Cir. 2020). We find no legal or constitutional error underlying the
BIA’s decision.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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