Soto-Fierros v. Blanche
CourtCourt of Appeals for the Fifth Circuit
Date FiledOctober 27, 2026
Docket26-60093
StatusUnpublished
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Full Opinion
Case: 26-60093 Document: 35-1 Page: 1 Date Filed: 10/27/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
October 27, 2026
No. 26-60093 Thomas B. Plunkett, III
Summary Calendar Clerk
____________
Laura Soto-Fierros,
Petitioner,
versus
Todd Wallace Blanche, U.S. Attorney General,
Respondent.
______________________________
Appeal from the Board of Immigration Appeals
Agency No. A206 697 155
______________________________
Before Davis, Richman, and Oldham, Circuit Judges.
Per Curiam:*
Laura Soto-Fierros, a native and citizen of Mexico, seeks review of the
Board of Immigration Appeals’ (BIA) denial of her motion to reconsider its
summary dismissal of her appeal as untimely. We review “under a highly
deferential abuse-of-discretion standard.” Gonzales-Veliz v. Barr, 938 F.3d
219, 226 (5th Cir. 2019).
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 26-60093 Document: 35-1 Page: 2 Date Filed: 10/27/2026
No. 26-60093
Soto-Fierros argues her deadline to appeal should be equitably tolled
because, despite diligently pursuing her rights, an extraordinary
circumstance prevented her from timely noticing an appeal. But she has not
shown an extraordinary circumstance. See Lugo-Resendez v. Lynch, 831 F.3d
337, 344 (5th Cir. 2016). Her counseled choice to bypass the BIA’s
electronic-filing requirement and attempt a paper filing is a self-inflicted
misstep, not an extraordinary circumstance outside her control. See 8 C.F.R.
§ 1003.3(g)(1); Holland v. Florida, 560 U.S. 631, 653 (2010). Also, the 15-
month delay by counsel to confirm that Soto-Fierros’s appeal had been filed
cuts against a finding of diligence. Because the BIA did not abuse its
discretion in denying Soto-Fierros’s motion to reconsider, her petition for
review is DENIED.
2