Receiving a denial from an immigration judge or the Board of Immigration Appeals is devastating, and to you, it may feel like the end of the road. However, if a legal error affected the outcome of your case, you may be able to challenge that decision through a petition for judicial review in federal court.
A petition for review asks a federal court to determine if the immigration court or BIA made mistakes in applying the law. This is an extremely technical process and time-sensitive; you typically only have 30 days from the final decision to act.
When you choose Alamo Law Group for your petition for review, you can feel confident that we will properly present your case and protect your rights. Call us at 210-787-3916 to get started.
In immigration law, a petition for review is a legal filing that is filed directly with the U.S. Court of Appeals. It asks the court to review a final decision issued by the Board of Immigration Appeals or immigration court. It’s considered the main way to challenge final removal orders at the federal level.
Unlike appeals at earlier stages of an immigration case, a petition for review doesn’t present new evidence or otherwise try to expand on your case. It specifically looks at errors made by an immigration judge or Board of Immigration Appeals.
Federal courts play an important role in immigration case appeals. They typically do not look at the merits of the case, weigh evidence, or make determinations regarding the credibility of the case—they generally defer to the agency on factual findings. They look exclusively at if the correct legal standards were applied, if the decision met constitutional requirements, or if the agency abused its discretion.
If the federal court finds a legal error, the case may be sent back to the Board of Immigration Appeals for further proceedings. In some cases, they reverse the decision entirely.
A petition for review is generally your last remaining option when you have received a final decision from the Board of Immigration Appeals. This includes decisions like denial of asylum, withholding of removal, or protection under the Convention Against Torture. It also includes orders of removal and denials of motions to reopen or reconsider.
You have to move very quickly if you want to file a petition for review. In most cases, you only have 30 days after the BIA’s final decision to file.
Your petition for judicial review attorney begins the process by filing the petition in the appropriate U.S. Court of Appeals for your case. After the case is filed, the government submits the administrative record. This includes all documents and transcripts from the immigration case.
From there, the court sets a briefing schedule. The petitioner (you) files an opening brief outlining legal errors. The government responds to that brief, and you may file a reply.
The court may or may not schedule oral arguments, but it’s fairly common for them to make their decision based on written submissions alone.
Finally, the court makes its decision. It may uphold the ruling, reverse the ruling, or send the case back for further review.
When you retain a petition for judicial review lawyer, their main priority is identifying and presenting legal errors in a compelling and persuasive way. They must have a thorough understanding of both immigration law and federal appellate procedure.
Your lawyer will review all immigration and BIA decisions in detail, identify appealable issues, draft briefs meeting the Court of Appeals’ standards, and present oral arguments if needed.
Your attorney may explore a variety of legal arguments in a petition for review, including:
For each argument your attorney pursues, they must be able to back it up with evidence and legal authority.
At Alamo Law Group, we focus on immediately identifying legal errors that may result in your case being reviewed or the previous court’s decision being reversed. We understand the detail-oriented work that this type of petition requires, and we are committed to finding the strongest legal arguments possible and presenting them in a clear and structured manner.
Throughout this process, you can count on us for transparent communication, precision, and strategy based on the facts of your case. Let’s discuss your next steps now. Request your case evaluation online or call us at 210-787-3916.
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