Circuit Court Petitions for Review

Appealing immigration court and BIA decisions to federal circuit courts

Immigration Federal Court Litigation

<h2>Petitions for Review</h2><p>Under the INA and the REAL ID Act, the exclusive means of judicial review for most final orders of removal is a petition for review filed in the appropriate circuit court of appeals within 30 days of the final administrative order. These petitions challenge decisions of the Board of Immigration Appeals (BIA) and, in some cases, immigration judges.</p><h2>Scope of Review</h2><ul><li><strong>Questions of law:</strong> Reviewed de novo, including constitutional claims and pure questions of statutory interpretation</li><li><strong>Factual findings:</strong> Reviewed under the substantial evidence standard (findings upheld unless "any reasonable adjudicator would be compelled to conclude to the contrary")</li><li><strong>Discretionary decisions:</strong> Generally not reviewable, with narrow exceptions for constitutional claims and questions of law</li></ul>

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