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Appealing BIA Orders & ICE Orders With A Petition For Review
Despite its name, the Board of Immigration Appeals (BIA) does not have the last word on a final order of removal, deportation or exclusion. San Antonio immigration attorney Alfredo Lozano of Lozano Law Firm helps people take their case to the next level by filing for a Petition for Review in the U.S. federal courts.
What Is A Petition For Review?
A Petition for Review is the document which is filed in order to seek review of an agency decision in the U.S. Court of Appeals for the Fifth Circuit. A Petition for Review is usually filed to challenge a final order of removal, deportation or exclusion issued by the BIA, but in some circumstances it may be used to dispute an ICE removal order. The federal appeals court can also be asked to review a BIA decision to deny to a motion to reconsider or a motion to reopen, or a BIA decision to deny asylum in an asylum only proceeding.
The Court of Appeals has the authority to modify or reverse the BIA decision if it finds that BIA made an error of law or a factual error in its decisionmaking, or if it violated a constitutional right or abused its discretion. Like other federal appeals, a Petition for Review requires several court appearances by your attorney, filing of appropriate motions, preparation of an exhaustive brief, delivery of an oral argument, and possibly preparing a petition for rehearing or other appropriate post-judgment review.
A Petition For Review Does Not Stay Removal
A Petition for Review must be filed within 30 days of the BIA or ICE decision, and a separate petition is required for each BIA decision for which review is sought. It is important to know that filing a Petition for Review does not by itself stay a removal order. It is necessary to also file a separate request for stay pending the Petition for Review in order to suspend deportation proceedings while your case is being heard.
It may be very important to request this stay since filing a Petition for Review effectively terminates a voluntary departure order and puts a removal order in effect, unless the person does in fact depart within 30 days of the filing and provides the Department of Homeland Security (DHS) with proof of the departure and evidence that he or she remains outside the United States. In that case, the departure is not deemed a removal.
Seek Experienced Legal Representation With Your Petition for Review
The Federal Rules of Appellate Procedure are highly technical and complex, and failure to properly follow the rules can result in your Petition to Review not being heard. Also, given the consequences of a Petition for Review on a voluntary departure or removal order, it is very important to have the advice and representation of a skilled and experienced immigration attorney who knows the law and understands the consequences of various procedures under U.S. immigration law. If you are subject to an ICE removal order or a final order of removal, deportation or exclusion from BIA, contact The Lozano Law Firm in San Antonio to discuss your options, including filing a Petition for Review.
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