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Petition For Review Immigration

Petitions for Review by the Circuit Court of Appeals Law Firm in Tampa

What Cases Can the Circuit Court Review in the Immigration Context?

In some cases, the only way to review an agency’s immigration decision is to seek review by filing a Petition for Review with the Circuit Court of Appeals with jurisdiction over your state. The Circuit Court would review the decision and either deny, grant, or mandate the case the agency that issued the decision. This would be a great way to review a Board of Immigration Appeals decision in your immigration case if you believe such a decision is wrong.

How Long do I have to File a Petition for Review?

Under INA §242(b)(1) you have 30 days to file the initial Petition for Review with the Circuit Court of Appeals. This timeframe is jurisdictional, which means that if you miss it, you will lose unless there is an exception.

Would the Court Automatically Stay my Removal when I File a Petition to Review?

The Court of Appeals would not automatically stay your Removal Order, and you must file a Stay of Removal with the Circuit Court of Appeals. To prevail on such request, the Petitioner must show that he or she will ultimately prevail in the case for such stay to be issued. You may want to think about filing the stay, because the Service may remove you before the Circuit Court of Appeals rules on the Stay of Removal.

Does the Circuit Court of Appeals Review All Cases?

The Circuit Court of Appeals’ jurisdiction is limited by statute. As such, Congress has limited its jurisdiction and barred it from reviewing certain cases. The Circuit Court of Appeals is barred from reviewing the following cases:

  • Discretionary decision: INA §242(a)(2)(B) prohibits review of discretionary decisions committed to Agency discretion. Decisions including waivers of removal under §§ 212(h) and 212(i), cancellation of removal, voluntary departure, and adjustment of status, and other decisions or action the authority for which is specified in Title II of the INA are discretionary.
  • Criminal offenses: INA §242(a)(2)(C) prohibits review of decisions regarding criminal immigrants. However, the Court has jurisdiction to review whether an immigrant is a non-citizen who is deportable because of a disqualifying offense.

What Happens After the Court Enters Its Decision?

If the Circuit Court of Appeals grants your Petition for Review, then the decision below would be vacated and the case would be remanded to the Agency for further proceedings. If the Court does not grant your Petition for Review, you may appeal the case to the Supreme Court, ask for reconsideration by the Court, or ask for an en banc decision by the full Court.

What Sets Us Apart

  • Ultimate Convenience
    Attorney Ahmad Yakzan is your reliable immigration attorney from St. Petersburg Tampa, Florida to Washington, D.C. We also have offices that are conveniently located to serve you in Clearwater, Dunedin, New Port Richey, Oldsmar, Land o’ Lakes, Plant City, Lakeland, and Zephyrhills.
  • Flexible Communication
    For your convenience, we offer in-person, phone, or teleconferencing consultations. Attorney Ahmad Yakzan would be glad to accommodate you in one of our offices in St. Petersburg and Tampa, Florida.
  • Competitive Prices
    Spare no expense in attaining and protecting your American Dream® with the help of Attorney Ahmad Yakzan. Our small consultation retainer will be credited towards our legal fees when you retain our office. We offer competitive rates for excellent legal services.

Making a Difference in Our Clients' Lives

Read Our Five-Star Client Testimonials

At American Dream Law Office, PLLC, your dream is my dream, and it shows in our reviews! See for yourself what our clients have to say about working with us.

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Meet Attorney Ahmad Yakzan
Attorney Ahmad Yakzan came to the United States as a young man to pursue a dream that seemed elusive at times. He struggled but knew what he was aiming for was worth it because he met people who helped him with his goals. Although the dream seemed distant, he carried on.
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