Ana Santos-De Jimenez v. Merrick Garland, No. 21-1496 (4th Cir. 2022)
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Petitioner and her minor daughter, natives and citizens of Guatemala, petition for review of the final order of the Board of Immigration Appeals dismissing their appeal from the immigration judge’s order denying Petitioner’s application for asylum and withholding of removal. Petitioners filed their petition for review with this Court one day after the deadline set by 8 U.S.C. Section 1252(b)(1). They contend that the Federal Rule of Appellate Procedure 26(c) extends the filing period by three additional days because the Board served the order by mail.
The Fourth Circuit dismissed the petition concluding that Rule 26(c) does not apply to petitions for review governed by Section 1252(b)(1). The court explained that because Section 1252(b)(1) calculates the time to file a petition for review from “the date of the final order of removal,” and not from service of that order, Rule 26(c) does not apply.
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