Petition for Review
In the removal proceedings context, a petition for review is usually filed after the appeal has been dismissed with the Board of Immigration Appeals. It should be filed with the appropriate Circuit Court of Appeals which has jurisdiction over the Immigration Court that handled the removal proceedings in the first place. There are limitations as to which types of removal orders are appealable to the Circuit Courts:
- Asylum: the denial of an asylum application can always be appealed to the Circuit court of Appeals
- Discretionary relief: more than likely not unless there is a dispute in the interpretation of the law
- Criminal conviction leading to removability: usually not unless legal or constitutional issue at stake
Note that for those last two situations, the Courts do not have jurisdiction to review the removal case unless there are legal or constitutional issues involved.
The deadline to file the petition for review is 30 days from the date of the dismissal of the BIA appeal. A foreign national considering filing for such proceedings should contact an experienced attorney as soon as you receive your letter of dismissal as the deadline is strictly applied by the courts.
If your case arose out of the Immigration Courts or Federal Courts in Florida, Georgia, Alabama, our law firm can assist you with litigating your petition for review