Have you received an unfavorable decision in your immigration case? If you’re currently facing removal and you think that the decision is unfair or illegal, one recourse you have is filing a petition for review with the circuit court of appeals.
In many cases, it may be your only option, since you cannot generally appeal immigration decisions with lower courts. Petitions for review can be used to address final removal orders by both U.S. Immigration and Customs Enforcement (ICE) or the Board of Immigration Appeals (BIA), as well as decisions to deny asylum and most issues involving the legality of the removal.
You need to act quickly for the petition for review to be useful
It’s important to note several things before you file your petition. Namely:
- Your petition for review must be received by the court by the 30th day following the decision you wish to appeal. That time limit will not be extended, and failure to meet that deadline means that your review won’t be heard.
- A petition for review does not stop ICE from proceeding with a removal order, nor is ICE required to wait for the entire 30 day period during which you can file your petition to act.
- While a petition for review can be litigated even if you have already been removed from the United States, you can stop your removal by filing an Application for a Stay of Deportation or Removal.
Whatever the situation with your case, you’re in a complicated spot where foresight and experience can be incredibly useful. Find out more about what legal avenues are available to move you closer to your dream of staying in the United States.