Celis-Nino, et al. v. Blanche

Circuit 10Oct 7, 2026

Split Score

SplitScore: 60/100

Case Summary

Disposition

Dismissed

The Tenth Circuit dismissed an untimely petition for review of a BIA removal order, holding that the immigrants failed to qualify for equitable tolling of the 30-day filing deadline in 8 U.S.C. § 1252(b)(1). Although the panel acknowledged a post-Riley v. Bondi circuit split on whether that deadline is subject to equitable tolling, it declined to decide the question for the Tenth Circuit, assuming arguendo that tolling is available and finding the petitioners lacked reasonable diligence.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether the 30-day petition-for-review filing deadline in 8 U.S.C. § 1252(b)(1), now deemed a non-jurisdictional claim-processing rule after Riley v. Bondi, is subject to equitable tolling.

Circuit Positions

Circuit 4Circuit 6Circuit 7

Equitable tolling is available for § 1252(b)(1) after Riley.

Circuit 5Circuit 8

§ 1252(b)(1) remains a mandatory claim-processing deadline that cannot be equitably tolled.

Circuit 10(this circuit)

Position undecided; assumes without deciding that equitable tolling could apply, but denies tolling on the facts presented.

Conflict Summary

Some circuits hold that equitable tolling can apply to § 1252(b)(1) once the deadline is recognized as non-jurisdictional, while others treat the deadline as mandatory and categorically unavailable for tolling even after Riley. The Tenth Circuit in this case expressly avoided taking a definitive stance, proceeding on the assumption that tolling is available but ultimately denying relief on the facts.

Parties & Counsel

Parties

Appellant:Erika Daniela Celis-Nino; Wilmer Alexander Ochoa-Galan; Jane Doe
Appellee:Todd Blanche, United States Attorney General