Case Explained: ARTIAGA-GIRON V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-06-24

The Ninth Circuit denied Gilmer Artiaga-Giron’s petition for review seeking to reopen removal proceedings and rescind an in absentia order of removal. The court affirmed the Board of Immigration Appeals’ denial of the motion to reopen, reviewing the agency’s factual findings for substantial evidence and its discretionary decisions for abuse of discretion. Regarding the claim that the petitioner failed to appear due to a lack of notice, the court held there was no abuse of discretion because the record established Artiaga-Giron was personally served with notice of the hearing date, time, and location. The court rejected his argument that his release from custody prevented attendance, noting he received specific warnings that failure to appear could result in an in absentia order and failed to demonstrate that his release constituted an “exceptional circumstance” beyond his control under 8 U.S.C. § 1252. Regarding the claim based on changed country conditions in Honduras, the court found no abuse of discretion because the evidence provided—specifically the murder of his uncle in 2017 and general cartel violence—did not establish prima facie eligibility for asylum, withholding of removal, or relief under the Convention Against Torture. The court determined this evidence failed to show that Artiaga-Giron feared future persecution on account of a protected ground or that it was more likely than not he would be tortured with government acquiescence. The practical consequence is that the petition for review is denied, and the Board of Immigration Appeals’ order affirming the denial of the motion to reopen remains in effect.

Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.