The U.S. Supreme Court agreed to hear a case that could clarify conflicting circuit court decisions on how the 30-day deadline for appealing removal orders should be applied. For noncitizens, the issue is whether this 30-day period begins when the removal order is issued or after any administrative appeals are completed.

The Fourth Circuit Court ruled that if someone doesn’t file an appeal within 30 days, the courts cannot review the case. In one instance, the Board of Immigration Appeals (BIA) ordered someone to be removed from the U.S., but an immigration judge found that the person faced a credible fear if returned to their home country. Because of this, they could qualify for a delay in removal. The court decided that the BIA’s decision to deny relief was not a final removal order, and the person should have appealed that decision instead.

The Second Circuit Court made a similar ruling. However, other courts have said they can review BIA decisions if someone appeals within 30 days of the BIA’s ruling.

This case is part of a larger set of cases involving the 30-day appeal deadline for removal orders. The Supreme Court’s decision could help settle the conflicting opinions among different courts.

As always, we continue to track updates that may affect U.S. immigration policies. If you have questions about a removal order or any other immigration issue, please contact us. Our experienced attorneys are here to help with both employment and family-based immigration matters.