Petitions for Review

Petitions for review of Board of Immigration Appeals (BIA) or the U.S. Immigration and Customs Enforcement (ICE) decisions must be filed no later than 30 days after the date of the decision for which the Respondent is seeking federal court review. This deadline is jurisdictional and, with narrow exceptions, is not tolled. The petition for review must be received by the clerk's office for the United States Circuit Court of Appeals in which it is filed on or before the thirtieth day and not merely posted by that date.

The 30-day deadline for filing a petition for review of the underlying decision cannot be extended by the filing of a motion to reopen or reconsider nor is it extended by the grant or extension of voluntary departure. To obtain review of issues arising from a BIA decision and issues arising from the denial of a motion to reopen or reconsider, separate petitions for review of each BIA decision must be filed.

Filing a petition for review will not stay the individual's removal from the United States. Filing a petition for review does not necessarily stay the individual's voluntary departure period. ICE can deport an individual prior to the expiration of the 30-day deadline. Therefore, it is wise to timely file the petition for review to preserve the individual's right to seek review.

May Law Group, LLC, files petitions for review in the U.S. Third Circuit Court of Appeals and other circuits throughout the United States.