Tooby's California Post-Conviction Relief for Immigrants

The Immigration and Nationality Act allows federal review of final removal orders by the United States Circuit Court of Appeals with territorial jurisdiction over the Immigration Judge who issued the removal order.[152]  A petition for review must be filed “not later than 30 days after the date of the final order of removal.”[153]  Failure to file a timely petition for review is a jurisdictional bar to review.[154]  Venue lies in the circuit in which the immigration court proceedings were held.[155]  A noncitizen filing a petition for review should specifically request that the circuit court order a stay of the removal order,[156] as well as of any voluntary departure period.[157]

[152] INA § 242(a), 8 U.S.C. § 1252(a).

[153] INA § 242(b)(1), 8 U.S.C. § 1252(b)(1).

[154] Kim v. Gonzales, 468 F.3d 58 (1st Cir. Nov. 16, 2006) (time limit for appealing issues decided by the BIA to federal circuit court is jurisdictional), following Ven v. Ashcroft, 386 F.3d 357, 359 (1st Cir. 2004).

[155] INA § 242(b)(2), 8 U.S.C. § 1252(b)(2).

[156] INA § 242(b)(3)(B), 8 U.S.C. § 1252(b)(3)(B).

[157] See Criminal Defense of Immigrants § 15.33.