Godoy Soto v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 26, 2026
Docket25-2158
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NOT FOR PUBLICATION FILED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
MARITSA GUADA GODOY SOTO, No. 25-2158
Agency No.
Petitioner, A074-428-644
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 19, 2026**
Pasadena, California
Before: GOULD, N.R. SMITH, and JOHNSTONE, Circuit Judges.
Petitioner Maritsa Guada Godoy Soto, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ (“BIA”) decision
dismissing her appeal of the Immigration Judge’s (“IJ”) order denying Petitioner’s
motion to reopen deportation proceedings and rescind an in absentia deportation
*
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).
order. The parties are familiar with the facts, and we do not recount them here. We
have jurisdiction pursuant to 8 U.S.C. § 1252, and we deny in part and dismiss in
part the petition.
When, as here, “the BIA conducts its own review of the evidence and law,
rather than adopting the IJ’s decision, our review is limited to the BIA’s decision,
except to the extent the IJ’s opinion is expressly adopted.” Lapadat v. Bondi, 145
F.4th 942, 950 (9th Cir. 2025) (internal quotation marks and citation omitted). We
review denials of motions to reopen for abuse of discretion. Eskilian v. Bondi, 172
F.4th 682, 687 (9th Cir. 2026). “The BIA abuses its discretion when it acts
arbitrarily, irrationally, or contrary to the law, and when it fails to provide a reasoned
explanation for its actions.” Id. (citing Montejo-Gonzalez v. Bondi, 166 F.4th 851,
854 (9th Cir. 2026) (en banc)). We review de novo “the BIA’s determination of
purely legal questions, including claims of due process violations” and the
sufficiency of notice. Martinez v. Barr, 941 F.3d 907, 921 (9th Cir. 2019) (internal
quotation marks and citation omitted).
1. The agency did not abuse its discretion in denying Petitioner’s motion to
reopen. The BIA found that Petitioner waived any challenge to the IJ’s finding of
actual—and therefore sufficient—notice. See Khan v. Ashcroft, 374 F.3d 825, 828
(9th Cir. 2004). Petitioner has forfeited any challenge to the BIA’s waiver finding
by not raising that issue in her brief. See Hernandez-Ortiz v. Garland, 32 F.4th 794,
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805 (9th Cir. 2022).
The agency did not abuse its discretion in finding that Petitioner’s motion
failed to demonstrate exceptional circumstances where Petitioner had actual notice
of her hearing and made only vague allegations that a “notario” did not tell her about
her hearing. See Singh-Bhathal v. INS, 170 F.3d 943, 946-47 (9th Cir. 1999)
(holding that petitioner did not demonstrate exceptional circumstances where he had
notice of a hearing and a non-attorney merely advised him not to attend).
And, reviewing de novo, the agency did not err in finding that Petitioner failed
to make out a due process violation related to the alleged notario interference. Even
assuming Petitioner’s due process claim is not foreclosed by Hernandez v. Mukasey,
524 F.3d 1014, 1020 (9th Cir. 2008) (holding that voluntary and knowing reliance
on a non-attorney will generally not support an ineffective assistance of counsel due
process claim), Petitioner presented no evidence in her motion to reopen that a
notario interfered with the actual notice she received of her missed hearing.
Moreover, she did not comply with the procedural requirements of Matter of Lozada,
19 I. & N. Dec 637 (BIA 1988), which are particularly important when the record
does not show “a clear and obvious case of ineffective assistance of counsel.”
Rodriguez-Lariz v. INS, 282 F.3d 1218, 1227 (9th Cir. 2002); see also Tamang v.
Holder, 598 F.3d 1083, 1090 (9th Cir. 2010) (holding that petitioner failed to
demonstrate ineffective assistance of counsel where he did not describe interactions
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with counsel, was unsure if counsel was an attorney, and did not comply with the
Lozada steps).
2. We do not have jurisdiction to review the agency’s denial of sua sponte
reopening because the agency based its denial on its finding that Petitioner did not
demonstrate exceptional circumstances. See Lona v. Barr, 958 F.3d 1225, 1234 (9th
Cir. 2020) (holding that we only have jurisdiction to review denials of sua sponte
reopening when the agency “erroneously believed that the law forbade it from
exercising its discretion . . . or that exercising its discretion would be futile”).
3. The agency did not err by not adjudicating Petitioner’s application for relief
from deportation. See Franco-Rosendo v. Gonzales, 454 F.3d 965, 968 n.3 (9th Cir.
2006) (“[I]f the BIA could properly deny a motion to reopen in the exercise of
discretion, there was no need to consider eligibility for underlying relief.”) (citing
INS v. Bagamasbad, 429 U.S. 24 (1976)).
PETITION DENIED in part and DISMISSED in part.1
1
Petitioner’s motion to stay removal pending appeal (Dkt. No. 4) is denied.
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