Riley v. Bondi
Issues
Is 8 U.S.C § 1252(b)(1) a jurisdictional statute that requires filing for appeal within 30 days; and, does it allow a person to appeal a Board of Immigration Appeals decision by filing a petition within 30 days of that decision?
The case asks the Court to determine if 8 U.S.C § 1252(b)(1), which creates a 30-day deadline to appeal a final order for removal, is a jurisdictional barrier that must be met for an appeal to be heard, or if it is simply one of many factors the Court can consider. Additionally, the case asks the Court to determine if § 1252(b)(1) is satisfied if the petitioner appeals the case after a decision by the Board of Immigration Appeals within 30 days of its decision. Petitioner argues that § 1252(b)(1) is not a jurisdictional rule and even if it was, § 1252(b)(1) was satisfied. Respondent argues that § 1252(b)(1) is a jurisdictional rule which was not satisfied. The case decision will affect both the noncitizen’s ability to access immigration proceedings and the courts’ administrative burden in handling them.
Questions as Framed for the Court by the Parties
(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-only proceeding by filing a petition within 30 days of that decision.
Under 8 U.S.C § 1252(b)(1), to review an order of removal, the “petition for review must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252(b)(1).
Additional Resources
- Jimmy Hoover, Justices Will Hear Appeal of Jamaican Who Says He'll Be Killed If Deported, Law.com (November 4, 2024).
- Amy Howe, Former Roberts clerk appointed to argue deportation case, SCOTUSblog (December 3, 2024).