Ochoa Ruiz v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 29, 2026
Docket25-3334
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 29 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ONOFRE OCHOA RUIZ, No. 25-3334
Agency No.
Petitioner, A096-382-786
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
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.
Onofre Ochoa Ruiz, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
dismiss the petition for review.
*
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).
We lack jurisdiction to review the BIA’s determination that Ochoa Ruiz
failed to demonstrate that he merits adjustment of status on discretionary grounds.
See 8 U.S.C. § 1252(a)(2)(B)(i); Patel v. Garland, 596 U.S. 328, 338-40 (2022)
(when the agency denies a form of relief listed in 8 U.S.C. § 1252(a)(2)(B)(i),
federal courts have jurisdiction to review constitutional claims and questions of
law, but not factual findings or discretionary decisions); see also Figueroa Ochoa
v. Garland, 91 F.4th 1289, 1294-95 (9th Cir. 2024) (Patel applies to motions to
reopen to seek adjustment of status). The petition does not raise a colorable legal or
constitutional claim the court can review. See 8 U.S.C. § 1252(a)(2)(D); Bazua-
Cota v. Gonzales, 466 F.3d 747, 748-49 (9th Cir. 2006).
We do not address Ochoa Ruiz’s contentions as to his statutory eligibility for
adjustment of status because the BIA did not deny the motion to reopen on this
ground. See Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (“In
reviewing the decision of the BIA, we consider only the grounds relied upon by
that agency.” (citation and internal quotation marks omitted)).
Ochoa Ruiz does not challenge the BIA’s determination as to prosecutorial
discretion or its discretionary denial of sua sponte reopening, so we do not address
these issues. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir.
2013).
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The motion to stay removal is denied as moot.
PETITION FOR REVIEW DISMISSED.
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