Case Explained: Summary Calendar Stephany Xiomara Portillo-Ordonez v. Todd Wallace Blanche, Acting U.S. Attorney General

Court: United States Court of Appeals for the Fifth Circuit Filed: 2026-06-16 The Fifth Circuit denied the petition for review of a Board of Immigration Appeals (BIA) order that summarily dismissed an appeal as untimely. The court held that the BIA did not abuse its discretion in rejecting Portillo-Ordonez’s claim for equitable tolling to excuse her one-day late filing of a notice of appeal. Under 8 C.F.R. § 1003.38(b), a notice of appeal must be filed within 30 days, and while this period is subject to equitable tolling, an alien must demonstrate both diligent pursuit of rights and the existence of extraordinary circumstances preventing timely filing. The court found that the BIA acted within its discretion because Portillo-Ordonez provided no evidence or legal authority to support her arguments for equitable tolling, and her counsel’s motion contained little analysis regarding the specific equitable tolling standard. Consequently, the petition is denied, leaving the BIA’s dismissal of the appeal as untimely in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.