Petitions for Review and Other Procedural Matters

This Practice Advisory addresses situations in which a court might excuse a late-filed petition for review and discusses other administrative and federal court options for remedying the failure to timely file a petition for review. The advisory also provides an overview of 28 U.S.C. § 1631, which authorizes courts to transfer a case to cure a lack of jurisdiction when an action is filed in the wrong federal court.

Published On: Wednesday, April 20, 2005 | Download File

The fugitive disentitlement doctrine arises in the immigration context when courts of appeals use the doctrine to dismiss petitions for review and when government agencies invoke the doctrine to deny FOIA requests. This Practice Advisory examines how the courts and the agencies apply the doctrine in these contexts.

Published On: Thursday, August 19, 2010 | Download File

This Practice Advisory discusses the procedures and requirements for filing a petition for rehearing, rehearing en banc or hearing en banc in the court of appeals.

Published On: Friday, April 29, 2011 | Download File

This Practice Advisory explains the federal rules authorizing electronic filing in federal court; describes how to file documents in federal court using the Electronic Case Files (CM/ECF) System; and outlines how to access electronic documents through Public Access to Court Electronic Records (PACER). The advisory discusses restrictions on electronic access to court documents in immigration cases.

Published On: Monday, April 13, 2009 | Download File

This Practice Advisory contains practical and legal suggestions for attorneys representing clients who have prevailed on a petition for review or other legal action and who are outside of the United States.

Published On: Thursday, May 28, 2009 | Download File

Noncitizens may file a petition for review in the court of appeals to seek judicial review of a final removal order. This Practice Advisory addresses the procedures and general requirements for filing and litigating a petition for review.

Published On: Monday, February 28, 2011 | Download File

This Practice Advisory addresses who is the proper respondent-defendant and recipient for service of process in immigration-related litigation in district court. The advisory covers whom to sue in specific types of immigration-related actions, including mandamus, Federal Tort Claims Acts (and administrative claims), Bivens, and habeas actions.

Published On: Thursday, May 13, 2010 | Download File