Case Explained: POPOV V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-07-14

The Ninth Circuit denied Igor Popov’s petition for review of a Board of Immigration Appeals order that dismissed his appeal of an immigration judge’s decision denying his motion to reopen removal proceedings. The court applied an abuse of discretion standard of review under 8 U.S.C. § 1252, affirming the agency’s determination that Popov’s motion was untimely and not eligible for equitable tolling. The court held that Popov failed to meet the burden of establishing equitable tolling because he did not pursue his rights diligently. Although Popov argued that a California Penal Code § 1473.7 order vacating his convictions in 2024 should restart the filing deadline, the court found that Popov waited more than nine years after his removal order to seek relief and made no apparent efforts to challenge his conviction during the three-year period following the enactment of the relevant California law. The court further rejected Popov’s claim regarding the agency’s failure to exercise sua sponte authority to reopen proceedings, noting that review is limited to instances where an agency erroneously believes it lacks discretion or that exercising it would be futile, which was not demonstrated here. As a result of this decision, the petition for review is denied, and the Board of Immigration Appeals’ order dismissing Popov’s motion to reopen remains in effect, leaving his removal order from 2015 intact.

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