March 16, 2026·25-1212·Unpublished·By Aisha Johnson
The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing a motion to reopen removal proceedings. The court found no abuse of discretion in the denial based on the petitioners' failure to comply with procedural requirements for ineffective assistance of counsel claims.
Petitioners Ramiro Alexis Castillo-Morales and his family, natives and citizens of El Salvador, sought review of a Board of Immigration Appeals order dismissing their appeal from an immigration judge’s decision denying their motion to reopen removal proceedings.
The court’s reasoning
The panel reviewed the denial of the motion to reopen for abuse of discretion. The court concluded that the Board of Immigration Appeals did not abuse its discretion because the petitioners did not comply with the procedural requirements set forth in Matter of Lozada and the alleged ineffective assistance was not plain on the face of the record.
What it means going forward
The petition for review is denied, the request to remand is denied, and the motion to stay removal is denied.
