Federal Court Appeals
When the Board of Immigration Appeals issues an adverse decision, judicial review in a federal court of appeals may still be available. A petition for review asks a panel of federal judges to examine whether the agency correctly applied the law.
Federal appellate immigration practice is demanding. It requires precise briefing, command of the administrative record, and familiarity with the governing circuit’s case law.
Attorney Anser Ahmad is admitted to practice before the United States Courts of Appeals for the Third, Fourth, and Fifth Circuits and has handled federal appellate litigation for more than 20 years. Ahmad & Associates prepares petitions for review and merits briefs in immigration cases.
How a petition for review works
Federal appellate review of an immigration decision generally proceeds as follows:
01 · Petition for review
A petition is filed in the appropriate circuit court, generally within 30 days of the BIA’s final order.
02 · The administrative record
The court reviews the record developed before the agency; new evidence is generally not considered.
03 · Briefing & argument
The parties submit merits briefs, and the court may hold oral argument.
04 · Decision
The court may deny the petition, or grant it and remand the matter to the agency for further proceedings.
What federal courts review
Federal courts of appeals review immigration decisions for legal error within the limits set by statute. Issues commonly raised include:
- Errors of law in interpreting the immigration statutes
- Constitutional and due-process claims
- Whether agency findings are supported by substantial evidence
- Jurisdictional questions affecting the scope of review
Frequently asked questions
Ready to discuss your immigration matter?
Schedule a confidential consultation with Ahmad & Associates. We assist clients throughout Virginia, Maryland, the District of Columbia, and Pennsylvania, and represent clients nationwide before federal immigration courts. Multilingual assistance is available.
8000 Westpark Drive, Suite 630, McLean, VA 22102