Gonzalez-Gervacio v. Blanche
| RAFAEL GONZALEZ-GERVACIO |
| TODD BLANCHE, ATTORNEY GENERAL |
| 26-2247 |
| April 13, 2026 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on September 23, 2026. A more recent docket listing may be available from PACER.
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Filing 18
ORDER FILED. (John B. OWENS, Daniel P. COLLINS, Jennifer SUNG) etitioner seeks review of an order of the Board of Immigration Appeals (BIA) denying a motion to reopen removal proceedings. The BIA did not abuse its discretion in finding petitioners second motion to reopen was number-barred and untimely. See 8U.S.C. 1229a(c)(7)(A) (only one motion to reopen allowed), (c)(7)(C)(i) (motion to reopen must be filed within ninety days of the final removal order). As to sua sponte reopening, we have jurisdiction to review this discretionary determination only for legal or constitutional error. See Lona v. Barr, 958 F.3d 1225, 1227 (9th Cir. 2020). We find no legal or constitutional error underlying the BIAs decision. The motion (Docket Entry No. 14) for summary disposition in part and dismissal in part is granted. See 9th Cir. R. 3-6(a) (standard for summary disposition); United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982). The motion to stay removal is denied as moot. PETITION FOR REVIEW DENIED in part; DISMISSED in part. [Entered: 09/23/2026 02:06 PM]
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Filing 17
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 16) denied as unnecessary. It is unnecessary because briefing is stayed until resolution of the pending motion for summary disposition. [Entered: 08/18/2026 12:00 PM]
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| Filing 16 Streamlined Request for Extension of Time to File Brief filed by Petitioner Rafael Gonzalez-Gervacio. [Entered: 08/18/2026 10:18 AM] |
| Filing 15 OPPOSITION to Motion to Stay Removal (DE 2) filed by Respondent Todd Blanche. [Entered: 07/27/2026 08:47 AM] |
| Filing 14 MOTION for Summary Disposition filed by Respondent Todd Blanche. [Entered: 07/27/2026 08:46 AM] |
| Filing 13 CERTIFIED ADMINISTRATIVE RECORD filed by DOJ Executive Office for Immigration Review. [Entered: 07/07/2026 10:25 AM] |
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Filing 12
ORDER FILED. The motion (Docket Entry No. 11) for an extension of time to file the certified administrative record (CAR) is granted. The CAR is due July 9, 2026. The response to the motion for a stay of removal is due July 30, 2026. The opening brief is due August 18, 2026. The answering brief is due September 17, 2026. The optional reply brief is due within 21 days after the answering brief is served. [Entered: 06/23/2026 03:56 PM]
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| Filing 11 MOTION to Extend Time to File Certified Administrative Record filed by Respondent Todd Blanche. [Entered: 06/23/2026 01:02 PM] |
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Filing 10
ORDER FILED. The motion (Docket Entry No. 9) for an extension of time to file the certified administrative record (CAR) is granted. The CAR is now due June 25, 2026. The response to the motion for a stay of removal is now due July 16, 2026. The opening brief is now due August 4, 2026. The answering brief is now due September 3, 2026. The optional reply brief is due within 21 days after the answering brief is served. [Entered: 05/21/2026 03:27 PM]
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| Filing 9 MOTION to Extend Time to File Certified Administrative Record filed by Respondent Todd Blanche. [Entered: 05/20/2026 12:57 PM] |
| Filing 8 ADDED Counsel for Respondent Joannabelle Aquino [Entered: 04/13/2026 12:10 PM] |
| Filing 7 NOTICE OF APPEARANCE by Joannabelle Aquino for Respondent Todd Blanche. [Entered: 04/13/2026 10:49 AM] |
| Filing 6 SCHEDULE NOTICE. Immigration Petitioner Opening Brief due (Petitioner) 7/2/2026, Certified Administrative Record due (Respondent) 5/26/2026, Respondent Response to Stay Motion (Filed with PFR) due (Respondent) 6/15/2026, Immigration Respondent Answering Brief due (Respondent) 8/3/2026. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [Entered: 04/13/2026 07:56 AM] |
| Filing 5 Under General Order 6.4, a temporary stay of removal is in effect until further order of the court. [Entered: 04/13/2026 07:54 AM] |
| Filing 4 CASE OPENED. Petition for Review has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 4/11/2026. The U.S. Court of Appeals docket number 26-2247 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants), review the #Appellate Practice Guide, and counsel for petitioner(s) should also review the #Immigration Outline and consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 04/13/2026 07:53 AM] |
| Filing 3 AGENCY DECISION on review dated 3/13/2026. [Entered: 04/13/2026 07:53 AM] |
| Filing 2 MOTION TO STAY REMOVAL filed by Petitioner(s). [Entered: 04/13/2026 07:53 AM] |
| Filing 1 PETITION FOR REVIEW filed by Petitioner Rafael Gonzalez-Gervacio. [Entered: 04/13/2026 07:53 AM] |
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| Petitioner: RAFAEL GONZALEZ-GERVACIO | |
| Represented By: | Anya McLean |
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| Respondent: TODD BLANCHE, ATTORNEY GENERAL | |
| Represented By: | Ms. Joannabelle Aquino |
| Represented By: | Oil |
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