The Department of Homeland Security (DHS)’s removal orders begin the grace period for challenging removal cases, per a U.S. Supreme court ruling. Noncitizens in streamlined removal cases can’t petition immigration judges or the Board of Immigration Appeals (BIA) to review said orders, either. Removal orders issued after a DHS order don’t reset the grace period.

The ruling overturns a Fourth Circuit panel decision that the BIA shouldn’t have denied a Jamaican national’s withholding removal request. The individual in question had initially overstayed their tourist visa and was convicted on criminal charges in 2011. They filed a request for judicial review just four days after the BIA issued a removal order, but the DHS had already issued one well before that.

In situations where multiple agencies issue removal orders, the DHS’ order will begin the withholding request period. Federal courts also cannot review removal orders if they aren’t followed. The Fourth Circuit panel therefore had no authority to review the BIA’s removal order, since the petitioner didn’t follow the DHS’ order.

Removed individuals must therefore file a withholding request no more than thirty days after a DHS issued removal order. This doesn’t inherently apply to individuals subject to third country removals. The government is no longer required to give them time to dispute their removal, per a previous Supreme court ruling.

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