The Supreme Court agreed to hear a case that could resolve conflicting circuit court decisions on the 30-day appeal window in removal orders. For noncitizens wishing to file an appeal, it’s unclear whether the 30-day period starts from the date of the removal order or after the completion of any administrative appeals.

The Fourth Circuit determined that the judiciary does not have the power to review removal matters where the individual did not file the appeal in time. In the matter, the Board of Immigration Appeals ordered the removal of the individual. However, an immigration judge found credible fear upon return and as such, was eligible for deferral of removal. The circuit court found the BIA order denying relief is not a final order of removal. Rather, the individual should have appealed that decision.

The Second Circuit adopted a similar approach. Other circuit courts hold they can review BIA decisions denying withholding of removal when noncitizens appeal within 30 days of the board’s determination. This is one case among several that are pending before the justices that concern Section 125(b)(1)’s 30-day removal orders appeal window requirement. All of these pending matters consider the jurisdictional question at issue.

As always, ILBSG monitors ongoing updates that may affect U.S. immigration policy. If you have questions about a removal order or any other U.S. immigration issue, contact us. Our team of experienced attorneys support clients in their employment-based and family-based immigration matters. Contact us to get the right advice.

Removal order