JUDICIAL REVIEW OF REMOVAL ORDERS
A decision of the Board of Immigration Appeals renders an order of deportation/removal administratively final. However, an alien has an opportunity to seek Federal Court judicial review of the decision by filing a “Petition for Review” to the U.S. Circuit Court of Appeals having jurisdiction over where the Immigration Court case was heard. This Petition for Review must be received by the correct Court of Appeals within 30 calendar days of the BIA decision, or the opportunity to seek judicial review of the BIA decision is lost.
In addition to filing a Petition for Review, the Circuit Court of Appeals will require a filing fee (in the Second Circuit, where we handle the majority of our judicial review matters, the filing fee is $450). An alien’s deportation/removal is not automatically stayed by the filing of a Petition for Review, and a proper Motion to Stay Removal must be filed to ask the Court for a stay of removal to avoid being deported while the case is pending.
There are 12 Circuit Court of Appeals, including the District of Columbia Circuit. Each Circuit Court of Appeals has its own rules and procedures that must be followed carefully in order to ensure that a case is heard and decided by the Court. The Circuit Court of Appeals will review the legal issues presented by the case, and will examine the complete record of proceedings before the Immigration Court, BIA, and legal arguments of the alien and the Government in making a decision.
In some Circuits, it is very common for an “oral argument” to be scheduled where the attorneys for the alien and for the Government can answer questions from the Court’s assigned Judges before a decision is reached. There is also an opportunity to negotiate possible settlements of matters before a decision is made.
Judicial review through a Petition for Review is usually the last chance for an order of removal/deportation to be legally examined. It requires great care of experienced counsel. While past performance is no guarantee of future results, Kolken & Kolken welcomes the opportunity to review your case with you. Feel free to contact our office to schedule a conference with any of the partners of our firm to discuss your case in complete detail.Click here to see how we can help you.