Turcios v. Holder

608 F.3d 491, 435 F. App'x 607, 2010 WL 2330301

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 31, 2011
• Docket: 05-72258
• Status: Unpublished

Opinion

MEMORANDUM **

The Board of Immigration Appeals erred as a matter of law in concluding that it lacked jurisdiction to hear Turcios’s case because his notice of appeal was received late due to delivery service error. The thirty-day time limit contained in 8 C.F.R. § 1003.38 is a claim-processing rule, not a jurisdictional limitation. Irigoyen-Briones v. Holder, 644 F.3d 943 (9th Cir.2011). We remand to the agency to permit it fully to reconsider whether, under the circumstances presented, it will hear the appeal from the Immigration Judge’s decision in this case.

The PETITION IS GRANTED, the Board’s decision VACATED, and the case REMANDED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.