Pascual Cristobal v. Blanche

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 29 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GERVASIO PASCUAL CRISTOBAL, No. 25-5051 Agency No. Petitioner, A216-268-579 v. MEMORANDUM* TODD BLANCHE, Acting Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 22, 2026** Before: CANBY, BENNETT, and BADE, Circuit Judges.

Gervasio Pascual Cristobal, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Pascual Cristobal’s motion to reopen as untimely, where it was filed over one year after the final removal order, see 8 U.S.C. § 1229a(c)(7)(C)(i) (motion to reopen must be filed within ninety days of the final removal order), and he did not show changed country conditions in Guatemala to qualify for an exception to the filing deadline, see U.S.C. § 1229a(c)(7)(C)(ii); Najmabadi v. Holder, 597 F.3d 983, 987-90 (9th Cir. 2010) (evidence must be “qualitatively different” to warrant reopening).

Pascual Cristobal’s request to remand is denied.

The motion to stay removal and all other pending motions are denied as moot.

PETITION FOR REVIEW DENIED.

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