Tenth Circuit Dismisses Vizguerra Removal Case as Untimely
The Tenth Circuit dismissed Jeanette Vizguerra-Ramirez's challenge to her deportation order in October 2026, ruling she missed the 30-day deadline to appeal. The court found that a 2025 Supreme Court decision — Riley v. Bondi — changed when removal orders become final, catching many immigrants off guard. If you are fighting removal and also have a pending withholding case, this ruling directly affects your deadline to file.
What the court decided
The United States Court of Appeals for the Tenth Circuit ruled on October 26, 2026, that Jeanette Vizguerra-Ramirez filed her petition for review too late. Her reinstatement order of removal dated back to July 24, 2013. Under federal law — specifically 8 U.S.C. § 1252(b)(1) — anyone challenging a final order of removal must file a petition for review within 30 days of that order becoming final.
Ms. Vizguerra argued that the deadline should be paused — a legal concept called "equitable tolling" — because her withholding-only proceedings were still pending. Withholding of removal is a separate process where an immigrant argues they cannot be sent to a specific country because their life or freedom would be at risk there, based on race, religion, nationality, membership in a social group, or political opinion. It is also available under the Convention Against Torture. Importantly, winning withholding does not cancel the removal order itself — it only blocks removal to one particular country.
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Before 2025, the Tenth Circuit's own rules said the 30-day clock did not start until withholding-only proceedings were finished. That gave immigrants more time. But the Supreme Court ended that approach in Riley v. Bondi, 606 U.S. 259 (2025). The Supreme Court held that a removal order becomes final — and the 30-day clock starts — as soon as the Board of Immigration Appeals (BIA) affirms it, or the time to appeal to the BIA expires. Pending withholding proceedings do not stop the clock. Ms. Vizguerra filed her petition shortly after Riley was decided, but the Tenth Circuit found she did not show the "extraordinary circumstances" required to justify missing the original deadline.
Why this matters for people in removal proceedings
This ruling confirms that the 30-day deadline to petition a federal appeals court is strict. If you have a reinstatement order or any final order of removal, the clock starts when the BIA acts — not when your withholding case ends. Many immigrants who relied on the old Tenth Circuit rule may now find their window to appeal has already closed. The court assumed — without deciding — that equitable tolling is even possible for this deadline, but dismissed the case because Ms. Vizguerra did not meet the high bar to qualify for it.
What to do
- If you have a final order of removal or a reinstated removal order, count 30 days from the date the BIA affirmed it or your appeal period expired — that is your deadline to file a petition for review in a federal circuit court.
- If you are in withholding-only proceedings, do not assume those proceedings pause your deadline to challenge the underlying removal order in federal court. Under Riley v. Bondi (2025), they do not.
- If you believe you missed the 30-day deadline due to circumstances beyond your control, talk to an immigration lawyer immediately — equitable tolling is possible in theory, but courts set a very high bar for it.
- Keep copies of every BIA decision and every notice you receive. The date on those documents is what starts your clock.
What to do, step by step — see our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
After Riley v. Bondi, the 30-day deadline to petition a circuit court runs from when the removal order becomes final — full stop. Pending withholding proceedings no longer pause that clock in the Tenth Circuit or anywhere else. If you have a reinstated order or a BIA-affirmed removal order, you should consult an immigration attorney immediately to determine whether your window is still open or whether an equitable tolling argument is viable — courts grant that relief only in rare, well-documented circumstances.
Frequently Asked Questions
What is a reinstatement order of removal?
If you were previously deported and then re-entered the US without permission, immigration authorities can reinstate your old removal order instead of starting new proceedings. You generally cannot challenge the original removal order — only whether the reinstatement itself was done correctly.
Does having a pending withholding case stop the 30-day deadline to appeal my removal order?
No. Since the Supreme Court's 2025 decision in Riley v. Bondi, pending withholding-only proceedings do not pause the 30-day clock. Your deadline to file a petition for review in a federal appeals court runs from when the removal order became final — not when your withholding case ends.
What is equitable tolling and can I use it if I missed the 30-day deadline?
Equitable tolling is a legal argument that the deadline should be extended because extraordinary circumstances prevented you from filing on time. Courts rarely grant it. The Tenth Circuit assumed it is possible for this deadline but dismissed Ms. Vizguerra's case because she did not show those extraordinary circumstances existed.
What is withholding of removal and how is it different from asylum?
Withholding of removal stops the government from sending you to a specific country where your life or freedom would be at risk. Unlike asylum, it does not give you permanent status or a path to a green card, and it does not cancel your removal order. You could still be removed to a third country.