Skip to Content
Top
Petition For Review Immigration Your Dream is My Dream

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.

Continue Reading Read Less

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.

    "His knowledge is incredible"
    He went above and beyond to make sure I would make it to the next step on becoming a citizen.
    - Mahmoud B.
    "I actually received my letter"
    I have nothing but great things to say about him, and I would highly recommend everyone that needs this process to be completed to work with Ahmad.
    - Maria G.
    "The USCIS officer just told us the greencard will be in the mail!"
    I’m so glad we didn’t try to go through this lengthy and complicate process without them.
    - Lucia A.
    "We had a lot of difficulties"
    Today we finally got the approval for my husband’s green card
    - Aya B.
    "Make America Dream again"
    Ahmad has been with me through every step and and made me feel comfortable.
    - Nana S.
    "Always ensuring that I was fully prepared"
    I could not have done this without his help. When it comes to relocating to another part of the world, there will always be obstacles to overcome, you will need help.
    - Michael H.
    "He has a good heart"
    He made me feel comfortable through my journey on becoming a US citizen.
    - Roula C.
    "They demonstrated experience and mastery of the activity"
    I am very grateful for your management !!
    - Former Client

Contact Us Today

  • Headquarters Tampa

    10936 N 56th St, Suite 202
    Temple Terrace FL 33617 United States

  • BY APPOINTMENT ONLY St. Petersburg

    8130 66th St N #3
    Pinellas Park, FL 33781

  • BY APPOINTMENT ONLY Orlando

    1060 Woodcock Road
    Orlando, FL 32803, USA

  • By Appointment Only New York City

    495 Flatbush Ave. Second Floor
    Brooklyn, NY 11225, USA

  • BY APPOINTMENT ONLY Miami

    66 W Flagler St 9th Floor
    Miami, FL 33130, United States

  • BY APPOINTMENT ONLY Washington

    1201 Connecticut Ave NW Suite 600
    Washington, District of Columbia 20036