9th Cir.

Torres Diaz v. Blanche

July 7, 2026 ·25-2519 ·Unpublished · By Raj Patel

The Ninth Circuit denied a petition for review of a Board of Immigration Appeals order dismissing an appeal for lack of specificity. The court held that the petitioner's notice of appeal failed to provide meaningful guidance to the Board regarding the grounds for the appeal.

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Background

Petitioner Jose Alberto Torres Diaz sought review of the Board of Immigration Appeals’ summary dismissal of his appeal and its subsequent denial of his motion to reconsider. The petitioner argued that his notice of appeal was sufficiently specific despite not submitting a separate brief.

The court’s reasoning

The court reviewed the Board’s actions for abuse of discretion. It found that the petitioner’s notice of appeal offered only a meager description of the grounds for appeal, leaving the Board guessing at the errors alleged. The court noted that a noncitizen must provide meaningful guidance to the Board, and generalized statements do not suffice. Because the petitioner’s arguments were cursory and he later admitted some wording did not reflect his actual appeal, the Board did not abuse its discretion in dismissing the appeal. Consequently, the motion to reconsider, which relied on the same legal error argument, was also properly denied.

We must uphold the Board’s ruling unless it acted arbitrarily, irrationally, or contrary to law.

Singh v. Gonzales, 416 F.3d 1006, 1009 (9th Cir. 2005)

What it means going forward

The petition for review was denied, the temporary administrative stay of removal was lifted, and the motion to stay removal was denied.