Supreme Court Grants Review on Timing/Jurisdictional Rules for Reviewing Removal Decisions

Photo courtesy of U.S. Supreme Court website

Amy Howe on SCOTUSBlog reports that the Supreme Court today granted certiorari in Riley v. Garland, in which it will address the 30-day deadline to seek review of a Board of Immigration Appeals (BIA) ruling. John Elwood reviews the issues raised by Riley here.  The lower court had dismissed the appeal of a BIA decision for not satisfying the 30  days rule.

The questions presented in the case are: 

(1) Whether 8 U.S.C. § 1252(b)(1)’s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited; and

(2) whether a person can obtain review of the Board of Immigration Appeals’ decision in a withholding of removal-only proceeding by filing a petition within 30 days of that decision.

KJ