Zetino v. Holder

I concur in the majority’s decision to deny the petition and in most of its reasoning. I part company, however, with my colleagues’ conclusion that we have no jurisdiction to review the Board of Immigration Appeals’ (BIA) denial of the petitioner’s motion to accept an untimely brief. The majority’s holding amounts to an extension of circuit precedent laid down in Ekimian v. INS, 303 F.3d 1153 (9th Cir. 2002), and Diaz-Covarrubias v. Mukasey, 551 F.3d 1114 (9th Cir.2009), both of which, in turn, took their core premise from Heckler v. Chaney, 470 U.S. 821, 105 *529S.Ct. 1649, 84 L.Ed.2d 714…