Turcios v. Holder

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 31 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
ORLANDO TURCIOS, aka Orlando No. 05-72258
Arauz, Orlando Salcedo,
Agency No. A018-473-869
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted April 15, 2009
San Francisco, California
Before: SILER,** KLEINFELD, and M. SMITH, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Eugene E. Siler, Senior Circuit Judge for the Sixth
Circuit, sitting by designation.
C.F.R. § 1003.38 is a claim-processing rule, not a jurisdictional limitation.
Irigoyen-Briones v. Holder, 07-71806, slip op. (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.
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