Petitions for Review
If the Board of Immigration Appeals has denied your case, you may still have an option: filing a petition for review in federal court. Nicholas Pagliara LLC helps immigrants bring these appeals to the United States Court of Appeals for the Second Circuit, using clear communication and careful legal work at every step.
Nicholas Pagliara LLC can assist immigrants that received removal orders in Connecticut, New Jersey, New York, Pennsylvania, and Vermont in filing Petitions for Review.
What Is a Petition for Review?
A petition for review is a type of appeal to a federal court. In immigration cases, it is usually filed after the Board of Immigration Appeals (BIA) has made a final decision against you. Instead of asking the BIA to change its mind, you are asking a federal court to review what happened and decide whether the government followed the law.
For immigrants that received removal orders in New York, Connecticut, and Vermont, these cases go to the United States Court of Appeals for the Second Circuit, often called the “Second Circuit.”
A petition for review does not start your case all over again. The federal court generally looks at the record from your immigration court and BIA proceedings and decides whether legal errors were made.
How the Petition for Review Process Works
The process for filing a petition for review in the Second Circuit Court of Appeals is strict and time-sensitive. Missing a deadline can mean losing the chance to have a federal court look at your case. Below is a general overview of the steps involved.
1. Final Decision from the BIA
The process usually begins when the Board of Immigration Appeals issues a written decision in your case. This is often called a “final order.” The clock to file a petition for review generally starts when that decision is mailed. There is a very short deadline to file a Petition for Review, often 30 days from the date of the BIA decision. This deadline is strict and can only be extended in exceptional circumstances.
2. Filing the Petition for Review
The attorney prepares and files a formal petition for review with the Second Circuit. This document tells the court that you are asking it to review the BIA’s decision and identifies the government agencies involved.
3. Written Briefs
After the petition is filed, both sides submit written arguments called briefs. Your brief explains the background of your case, the errors you believe were made, and the legal reasons the federal court should step in.
4. Oral Argument and Decision
In some cases, the Second Circuit holds an oral argument, where the judges ask questions of the attorneys. In other cases, the court decides based only on the written briefs. Eventually, the court issues a written decision, which may uphold the BIA decision, send the case back for further review, or take other action allowed by law.
There are many challenges you can make in a Petition for Review…
Who Can Nicholas Pagliara LLC Represent in Petitions for Review?
Nicholas Pagliara LLC is admitted to practice before the Second and Third Circuit Court of Appeals, meaning that he can only represent immigrants that received removal orders in Connecticut, New Jersey, New York, Pennsylvania or Vermont.
If you received an unfavorable decision from the Board of Immigration Appeals, and you were previously ordered removed in these states, please contact us to find out whether a petition for review is right for your case.
Frequently Asked Questions About Petitions for Review
Is a Petition for Review the same as an appeal?
A petition for review is a type of appeal, but it is different from an appeal to the Board of Immigration Appeals. The BIA is part of the immigration system inside the executive branch. A Petition for Review asks a federal court, which is part of the judicial branch, to review the BIA’s final decision for legal errors.
How much time do I have to file a petition for review?
In many cases, the deadline to file a petition for review in the Second Circuit is 30 days from the date of the BIA’s final decision. This time limit is usually strict. Because deadlines can change based on the type of case, it is important to speak with an attorney quickly to understand which deadlines apply to you.
Can I stay in the United States while the petition is pending?
Filing a petition for review does not automatically stop removal. In some situations, you may need to request a “stay of removal” from the court. Whether this is possible depends on the facts of your case and the law that applies. During a consultation, the attorney can explain what options may be available in your specific situation.
Do I have to live in New York to work with your firm?
No, but you must have received a removal order from an immigration court in Connecticut, New Jersey, New York, Pennsylvania, or Vermont.
Will the court hear all new evidence in my case?
Federal courts usually review the record that was already before the immigration judge and the BIA. They typically do not hold new trials or hear new witnesses. However, there may be limited ways to address new information, depending on your case. An attorney can discuss these possibilities with you.
Start Your Petition for Review Consultation
If you have received an adverse decision from the Board of Immigration Appeals and are considering a Petition for Review, you do not need to face this process alone. A consultation with Nicholas Pagliara LLC can help you understand your options, important deadlines, and what an appeal might involve in your situation.
During the consultation, you can ask questions, share your concerns, and receive clear information about possible strategies. There is no obligation to move forward, and you can take time to decide what is best for you and your family.
To get started, use the contact form, call, or email to request an online appointment. Remote legal services make it possible to work with the firm from anywhere.