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.