David S. HarrisNationwide Immigration Appeals

Nationwide Immigration Appeals

Federal Petitions for Review in the U.S. Courts of Appeals

If the Board of Immigration Appeals rules against you, the next step is usually a petition for review in a federal U.S. Court of Appeals. These are real federal appeals, decided by circuit judges, and they follow the federal rules of appellate procedure.

The petition is filed in the circuit where the immigration judge completed your proceedings. Each circuit has its own precedents, and the law that applies to your case may differ depending on where your hearing took place.

Removal is not automatically stopped

Unlike a BIA appeal, filing a petition for review does not automatically stop removal. A separate motion for a stay of removal is usually needed, and courts apply a specific legal test to decide it. We file the stay motion together with the petition when the client is at risk.

What federal courts can review

  • Questions of law and constitutional claims
  • Whether the agency applied the correct legal standard
  • Whether factual findings are supported by substantial evidence
  • Due process violations in the hearing

Limits on review

Congress has restricted federal review of some discretionary decisions and some cases involving criminal convictions. Even then, constitutional claims and questions of law can often still be raised. We analyze jurisdiction before filing so the case is built on reviewable issues.

Questions about federal petitions for review

Should I also file a motion with the BIA?

Sometimes both are needed. A motion to reopen or reconsider does not extend the petition for review deadline, so the two must be coordinated carefully.

Which court will hear my case?

The U.S. Court of Appeals for the circuit where the immigration judge completed your proceedings — not where you live now.

Free Consultation

Every day of the 30 counts. Call today.

Speak directly with the Law Office of David S. Harris. We will review your decision, confirm your deadline, and tell you honestly whether an appeal, a motion, or another option is your strongest path.

(786) 306-7278

Have this ready when you contact us

  • The immigration judge’s written decision or USCIS denial notice
  • Full name and A-number of everyone in the case
  • Date of the decision and the immigration court location
  • Any detention facility details and deportation officer name
  • Prior applications, notices, and hearing documents you have

Only a licensed attorney or a DOJ-accredited representative may represent you in immigration proceedings. Beware of “notarios” offering legal services.

Free Consultation

Fill out the form and we'll get back to you promptly. All information is confidential.

Or call directly: (786) 306-7278 · WhatsApp