Case Explained: SALVADOR-SILVESTRE, ET AL. V. BLANCHE

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-06-24 The ninth-circuit dismissed the petition for review as untimely filed because it was submitted more than seven months after the Board of Immigration Appeals’ decision, violating the thirty-day deadline set forth in 8 U.S.C. § 1252(b)(1). While acknowledging that this statutory deadline is a non-jurisdictional rule subject to equitable tolling, the court held that the petitioners failed to satisfy the requirements for such tolling under *Holland v. Florida*. Specifically, the court found that the petitioners did not demonstrate an extraordinary circumstance preventing timely filing, as their unsworn statements and declarations were insufficient to rebut the BIA’s presumption of mailing evidenced by properly addressed cover letters in the record. Furthermore, the petitioners failed to provide evidence showing reasonable diligence in pursuing their rights before, during, or after the alleged delay. Consequently, the appeal is dismissed without reaching the merits of the underlying asylum, withholding of removal, and Convention Against Torture claims. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.