Petitions for Review

Has the Board of Immigration Appeals denied your appeal or motion? You can challenge a removal order or denial of a motion with the United States Court of Appeals. Federal court challenges have been increasing each year because the Board of Immigration Appeals (i.e. BIA) continues to make significant factual and legal errors in its decisions dismissing appeals and denying motions. Once the Board of Immigration Appeals makes an adverse decision regarding your appeal or motion, you have the option to challenge the adverse decision with the appropriate U.S. Court of Appeals. Not every decision by the Board of Immigration Appeals can be challenged. You cannot challenge the Board of Immigration Appeals’ denial of discretionary relief such as adjustment of status to lawful permanent residence, cancellation of removal, or a waiver of inadmissibility. However, you do have the ability to challenge a finding that you were ineligible for such relief as a matter of law. Your time to challenge the BIA’s decision is limited. You must file a petition for review with the U.S. Court of Appeals within 30 days. Failure to timely file your petition for review means you lose your opportunity to challenge the BIA’s decision no matter how erroneous it was. You file the petition for review with the U.S. Court of Appeals has jurisdiction over the place where the Immigration Court that heard your case is located.