Case Explained: GARCIA CORRALES V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-06-24

The Ninth Circuit granted Jesus Garcia Corrales’s petition for review and remanded the case to the Board of Immigration Appeals (BIA) because the BIA erred by construing his “motion to reopen” as a “motion to reconsider.” The court held that under 8 C.F.R. § 1003.2(c)(1), a motion must be treated as a motion to reopen when it is premised on evidence not previously before the agency, such as new facts regarding the delayed delivery of a notice of appeal. Because Garcia’s motion relied on tracking information and attorney affidavits concerning a forty-two-day mailing delay that were unavailable when the BIA dismissed his original appeal, the court determined the motion was timely filed under the ninety-day deadline for motions to reopen (8 C.F.R. § 1003.2(c)(2)), rather than the thirty-day deadline applicable to motions to reconsider. Consequently, the case is remanded for the BIA to evaluate the motion under the legal standard for reopening, specifically assessing whether Garcia demonstrated that an extraordinary circumstance prevented timely filing and that he exercised due diligence in attempting to file his appeal.

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