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A non-citizen can file a petition for review to an an agency decision in a U.S. Court of Appeals. A petition for review can be filed to seek review by a federal court of appeals of a removal, deportation or exclusion order issued by the Board of Immigration Appeals (“BIA”) with respect to immigration context. A petition for review may be filed to remove an order issued by ICE under a few very limited specific provisions of the Immigration and Nationality Act (INA) also. One of the examples for such a situation could be a petition for review of removability under the Visa Waiver Program

The following BIA decisions may be reviewed through a petition for review:

  • Final removal order (including the finding of removability and the denial of any applications for relief)
  • Denial of a motion to reconsider or a motion to reopen or
  • Denial of an application for asylum in asylum-only proceedings

As per the Federal Rules of Appellate Procedure, petitioner’s brief must contain:

  • A table of contents
  • A table of authority
  • A statement of subject matter and appellate jurisdiction
  • A statement of the issues presented
  • A concise statement of the case that
    • Includes at the beginning of the section
      • A description of the nature of the case and the relevant procedural history,
      • Identification of the judge or agency official who rendered the decision being appealed,
      • The disposition below, and
      • Citation to the decision, and
    • Sets out the facts relevant to the issues submitted for review, with references to the record
  • A summary of argument
  • The petitioner’s argument
  • A short conclusion stating the relief sought and
  • A Certificate of Compliance when a principal brief exceeds 30 pages or a reply brief exceeds 15 pages

A petition for review is often the last resort for an immigrant to stay in the United States. Petitions for Review require an immigration attorney to draft and file the petition. To schedule your appointment. Contact us at 201-518-6642201-518-6642 (Jersey City Office) or at 732-750-1269732-750-1269 (Woodbridge Office). You can also email your appointment request to us at info@surtilaw.com. For Immigration Matters, we represent clients in all 50 states of the United States.