Medina-Martinez v. Blanche
CourtCourt of Appeals for the Ninth Circuit
Date FiledNovember 2, 2026
Docket26-107
StatusUnpublished
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Full Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 2 2026
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DULCE ADRIANA MEDINA- No. 26-107
MARTINEZ; N. J.-M.; ALBERTO Agency Nos.
JUAREZ-FARELO, A246-762-193
A246-762-194
Petitioners,
A246-762-192
v.
MEMORANDUM*
TODD BLANCHE, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 29, 2026**
Phoenix, Arizona
Before: GRABER, HURWITZ, and BADE, Circuit Judges.
Dulce Adriana Medina-Martinez petitions for review of the decision from the
Board of Immigration Appeals (“BIA”) to dismiss as untimely her appeal of an
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
immigration judge’s order.1 We deny the petition.
1. An immigration judge ordered Medina-Martinez removed on July 22,
2025. She filed a notice of appeal and the required filing fee on August 23, 2025,
two days after the filing deadline of August 21, 2025. See 8 C.F.R. §§ 1003.38(b)(2),
1003.8(a)(3)-(4).
2. The BIA “will accept late-filed appeals where a party can establish
equitable tolling applies.” Matter of Morales-Morales, 28 I. & N. Dec. 714, 717
(BIA 2023). A petitioner seeking equitable tolling must show that although she “has
been pursuing [her] rights diligently . . . some extraordinary circumstance prevented
timely filing.” Id. (adopting the equitable tolling standard from Holland v. Florida,
560 U.S. 631 (2010), a habeas case).
Although Medina-Martinez did not learn that the filing fee for an appeal
increased from $110 to $1,010 until nine days before the filing deadline, the BIA did
not abuse its “broad discretion” in concluding that her inability to pay the fee at the
time the notice of appeal was due was not an extraordinary circumstance. See
Magana-Magana v. Bondi, 129 F.4th 557, 573 (9th Cir. 2025) (involving
untimeliness of motion to reopen under Violence Against Women Act). “The
threshold necessary to trigger equitable tolling is very high, lest the exceptions
1
Medina-Martinez’s husband, Alberto Juarez-Farelo, and her minor
daughter sought identical relief before the agency and are co-petitioners here. For
simplicity, we refer to Medina-Martinez as the sole petitioner.
2 26-107
swallow the rule.” Miranda v. Castro, 292 F.3d 1063, 1066 (9th Cir. 2002) (cleaned
up); see also Ford v. Pliler, 590 F.3d 782, 789 (9th Cir. 2009) (holding, in the habeas
context, that “misunderstanding of accurate information,” “confusion,” and
“ignorance of the law alone” do not justify equitable tolling). Moreover, Medina-
Martinez did not, as 8 C.F.R. § 1003.8(a)(3) permits, seek a fee waiver, nor does she
claim that she was prevented from doing so.
3. In these circumstances, the BIA’s brief explanation—that the
“argument that additional time was needed to pay the filing fee is not an
extraordinary circumstance that warrants equitable tolling”—constituted a
“reasoned explanation for its actions.” Movsisian v. Ashcroft, 395 F.3d 1095, 1098
(9th Cir. 2005); see also Agonafer v. Sessions, 859 F.3d 1198, 1206-07 (9th Cir.
2017) (requiring the BIA to “announce its decision in terms sufficient to enable a
reviewing court to perceive that it has heard and thought and not merely reacted”
(cleaned up)). Medina-Martinez did not describe her “reasonable expectations
regarding the appeal process,” citing only general financial difficulties, not specific
facts evincing unique circumstances. Additionally, she did not explain why she was
unable to pay the fee on time but was able to pay it two days later. See Perez v.
Reubart, 150 F.4th 1164, 1170 (9th Cir. 2025) (“The grounds for granting equitable
tolling are highly fact-dependent.” (cleaned up)); cf. Garcia Corrales v. Blanche,
179 F.4th 739, 743 (9th Cir. 2026) (“stress[ing]” that the BIA “should explain why
3 26-107
a forty-two day delay in delivery of certified mail,” verified by petitioner’s evidence,
is not an extraordinary circumstance).
PETITION FOR REVIEW DENIED.2
2
The motion to stay removal is DENIED, and the temporary stay of removal
entered pursuant to General Order 6.4(c) is lifted, effective immediately.
4 26-107