Jorge Oxlaj-Perez v. Todd Blanche -Board of Immigration Appeals
Split Score
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Case Summary
Disposition
Dismissed
The Sixth Circuit considered whether the 30-day deadline in 8 U.S.C. § 1252(b)(1) for filing a petition for review of a removal order can be equitably tolled. Relying on recent Supreme Court guidance, the court held that the deadline is a non-jurisdictional claims-processing rule subject to equitable tolling but concluded that petitioner Jorge Oxlaj-Perez failed to satisfy the diligence and extraordinary-circumstances requirements, so his petition was dismissed as untimely.
Circuit Split Identified
Legal Issue
Whether the 30-day deadline in 8 U.S.C. § 1252(b)(1) is subject to equitable tolling after the Supreme Court’s decision in Riley v. Bondi.
Circuit Positions
§ 1252(b)(1) filing deadline may be equitably tolled (non-jurisdictional claims-processing rule).
§ 1252(b)(1) filing deadline is mandatory and not subject to equitable tolling.
Conflict Summary
The Sixth Circuit now holds that § 1252(b)(1) is a non-jurisdictional claims-processing rule that may be equitably tolled, while the Fifth, Fourth, and Ninth Circuits have treated the same deadline as a mandatory, non-tollable bar even after Riley.