Avila-Morales

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 26 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAMUEL AVILA-MORALES, No. 23-2054 Agency No. Petitioner, A044-570-165 v.

MEMORANDUM*

PAMELA BONDI, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted November 17, 2025 Seattle, Washington

Before: W. FLETCHER, PAEZ, and DESAI, Circuit Judges.

Samuel Avila-Morales petitions for review of a denial by the Board of

Immigration Appeals (BIA) of his motion to reopen his order of removal. We have

jurisdiction under 8 U.S.C. § 1252(a)(2)(D). We review denial of a motion to reopen

for abuse of discretion, which occurs when the BIA’s decision is “arbitrary,

irrational, or contrary to law.” Avagyan v. Holder, 646 F.3d 672, 678 (9th Cir. 2011)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. (citation omitted). We grant the petition for review, hold that equitable tolling

applies, and remand for further…