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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

How To File a Petition for Review (AILF’s Legal Action Center)

  • Organization: AILF’s Legal Action Center
  • Document Type: Client legal education
  • Date Created: Thursday, August 13, 2009
  • Submitted: Tuesday, October 04, 2005
  • Attachment(s): PDF

This Practice Advisory addresses the current procedures and general requirements for filing and
litigating a petition for review. In addition, the advisory addresses the following fundamental
points of which counsel should be aware when filing a petition for review:

? Petitions for review must be filed no later than 30 days after the date of the decision of
the Board of Immigration Appeals (BIA) or the U.S. Immigration and Customs
Enforcement (ICE). This deadline is jurisdictional and generally cannot be tolled. The
petition for review must be received by the clerk’s office on or before the thirtieth day
and not merely mailed by that date.
? The 30-day deadline for filing a petition for review of the underlying decision is not
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 does not stay the individual’s removal from the country.
? Filing a petition for review terminates the voluntary departure order.\
? ICE can deport an individual before the 30-day deadline expires. \
? If in doubt about whether the court of appeals has jurisdiction, it may be prudent to
timely file the petition for review to preserve the individual’s right to seek review.
Sample petitions for review are attached as Appendices A and B. A list of websites for the
courts of appeals is attached as Appendix C. A list of national addresses for service of the
petition is attached as Appendix D.

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