A petition for review is a legal document filed with a federal circuit court requesting review of a decision from a lower court or administrative decision. With respect to immigration cases, a petition for review seeks review of an adverse decision from the Board of Immigration Appeals (BIA). The petition must be received by the circuit court no later than thirty days (30) with very few exceptions. Unlike appeals with the BIA, a petition for review will not automatically stay the deportation of the petitioner in matters where an order of removal or deportation has been entered. The petitioner must affirmatively request a stay from the appellate court to prevent the government from executing the order.
The circuits have certain restrictions on what types of decisions they may review. Thus it is important that the recipient of an adverse BIA decision seek legal advice before pursuing a petition for review.
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