Irigoyen-Briones v. Holder, Jr.

Petitioner appealed the Board of Immigration Appeals' ("BIA") determination that it did not have jurisdiction to accept an appeal filed one day late due to a post office error. At issue was whether the 30 day deadline for filing a notice of appeal with the BIA was jurisdictional. The court held that the 30 day deadline must be read as a claim-processing rule that was not jurisdictional. The court also held that, since the BIA erred as a matter of law in concluding that it lacked jurisdiction, the court must remand to the BIA to permit it to fully reconsider whether, under the circumstances presented, it would hear the appeal from the immigration judge's decision in this case. The court also concluded that all the BIA needed to do to avoid subjecting aliens to the risk of losing their appeals due to bad weather or delivery service error was to allow people to send notices of appeal over the internet.