Lovo Rojas v. Bondi

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 25, 2026
• Docket: 25-60456
• Status: Unpublished

Opinion

Case: 25-60456 Document: 50-1 Page: 1 Date Filed: 02/25/2026

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

No. 25-60456 FILED February 25, 2026 Summary Calendar ____________ Lyle W. Cayce Clerk Alberto G. Lovo Rojas,

Petitioner,

versus

Pamela Bondi, U.S. Attorney General,

Respondent. ______________________________

Petition for Review of an Order of the Board of Immigration Appeals Agency No. A201 742 867 ______________________________

Before Smith, Higginson, and Wilson, Circuit Judges. Per Curiam: * Alberto Lovo Rojas petitions for review of the denial, by the Board of Immigration Appeals (“BIA”), of his motion to reopen his removal proceed- ings. The BIA determined Lovo Rojas’s motion to be untimely and numer- ically barred. In light of Dije v. Garland, 39 F.4th 280, 286–87 (5th Cir. 2022), and Garcia-Morin v. Bondi, 152 F.4th 626, 632–35 (5th Cir. 2025),

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 25-60456 Document: 50-1 Page: 2 Date Filed: 02/25/2026

No. 25-60456

petition for cert. filed (Dec. 10, 2025) (No. 25-693), we agree. Lovo Rojas contends that due process requires the numerical limit on motions to reopen to be tolled where, as here, the proceedings were allegedly affected by ineffective assistance of counsel. He similarly avers that the BIA violated his due process rights when it declined to reopen his proceedings sua sponte. To the extent we have jurisdiction over the latter contention, both challenges fail, as we have consistently held that no liberty interest exists in motions to reopen that would implicate due process. See Mejia v. Whitaker, 913 F.3d 482, 490 (5th Cir. 2019). The petition for review is DENIED.