Celis-Nino, et al. v. Blanche
Split Score
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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.
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
Equitable tolling is available for § 1252(b)(1) after Riley.
§ 1252(b)(1) remains a mandatory claim-processing deadline that cannot be equitably tolled.
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.