Case Explained: Summary Calendar Javier Antonio Amador-Ardon v. Todd Wallace Blanche, Acting U.S. Attorney General

Court: United States Court of Appeals for the Fifth Circuit

Filed: 2026-07-06

The Fifth Circuit denied Javier Antonio Amador-Ardon’s petition for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s denial of his motion to reopen proceedings and rescind his in absentia removal order. The court affirmed the BIA’s determination that Amador-Ardon failed to meet the statutory requirement under 8 U.S.C. § 1229a(b)(5)(C)(ii) because he did not demonstrate that his failure to appear at the removal hearing was “through no fault of his own.” The court found the BIA correctly concluded that Amador-Ardon was at fault for failing to provide his current address to immigration authorities and the court after his release from apprehension, which resulted in a lack of proper notice and his subsequent inability to attend the hearing. The court rejected Amador-Ardon’s arguments regarding legal error, factual speculation, and impermissible factfinding, noting that he failed to show the evidence compelled a conclusion contrary to the BIA’s or that the agency abused its discretion. Additionally, the court held that Amador-Ardon abandoned any claims related to termination based on claim-processing rules, cancellation of removal, asylum, or sua sponte reopening by failing to brief them. As a result, the petition is denied and the BIA’s order upholding the denial of the motion to reopen remains in effect.

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