The Department of Homeland Security (DHS)’s removal orders start the thirty-day period to challenge removal cases, per a U.S. Supreme court ruling. Noncitizens in streamlined removal cases can’t ask 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 decision overturns that of a Fourth Circuit panel, which ruled the BIA shouldn’t have denied a withholding removal request of a Jamaican national. 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.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.