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Federal Litigation

JUDICIAL REVIEW

When an individual has exhausted all possible administrative forms of relief, federal court perhaps might be the only remaining source of relief. The petition for review, if allowed, must be filed not later than 30 days after the date of the final order of removal. The petition must be filed with the court of appeals for the judicial circuit in which the Immigration Judge completed the proceedings. There is no automatic stay of removal from the United States upon the filing of the petition for review. Automatic stays could be granted, however, they must be separately requested.

MATTERS NOT REVIEWABLE
  • Decisions by an Immigration Judge on summary removal
  • Decisions on whether to grant certain waivers of grounds of inadmissibility, voluntary departure, adjustment of status, and cancellation of removal
  • Removal decisions based on medical certifications
  • “any other decision or action [except asylum]…the authority for which is specified…[as being within] the discretion of the Attorney General”
  • When Injunctive Relief is sought to enjoin the operation of removal proceedings.
  • DHS’s decision or action “to commence proceedings, adjudicate cases, or execute removal orders against any alien” under the Immigration and Nationality Act.
  • Decisions denying the right to seek asylum based on any of the following: protection could have been sought in a safe third country; a prior denial of asylum; failure to file within one year, or the asylum seeker is considered to be a terrorist.
  • Decisions involving reinstatement of removal orders
  • Discretionary decisions involving release from custody or the grant, denial, or revocation of bond or parole, and
  • Decisions regarding voluntary departure.

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