Which decisions go to federal court, and to which court?
Normally the order you challenge is the Board's decision after you appealed from the immigration judge. You cannot skip that step: a loss before a judge first goes on Form EOIR-26 to the Board. The petition goes straight to the court of appeals, not a district court, and to the circuit where the judge completed the proceedings. Your current address does not decide it. For a California court that is the Ninth Circuit, and for a Florida court the Eleventh Circuit. Look at your judge's order, not your lease. If the judge's hearing and your detention were in different states, confirm the court with a lawyer before filing, because the statute ties the choice to the place the judge completed the case. For what the hearing itself involves, see INA § 240.
What is the deadline, and what if I filed a motion?
The petition must be filed within 30 days of the date of the final order. In Riley v. Bondi the Supreme Court held that this deadline is not jurisdictional, but courts still enforce it when the government raises it, so treat it as absolute. Count from the date on the Board's order, not the day it reached you. A motion to reopen or reconsider does not pause it: in Stone v. INS the Court read the law to contemplate two separate petitions. If your order was reinstated or issued by DHS, the clock can start much earlier, as explained below. The federal schedule lists a $600 docketing fee; if you cannot pay, ask the clerk how to seek a waiver. After filing, follow the briefing date in the court's schedule. The default under the federal rules is 40 days after the record is filed, and a missed brief can lead to dismissal.
Does a petition stop my deportation?
No. The statute says serving the petition does not stay removal unless the court orders otherwise, so you need a separate motion for a stay. Under Nken v. Holder the court weighs whether you are likely to succeed, whether you will be irreparably injured, harm to other parties and the public interest. Removal is not automatically treated as irreparable injury. The Ninth Circuit's General Order 6.4(c), in its version posted October 27, 2026, still gives a temporary stay when a first stay motion is filed, until the court orders otherwise. A bare motion can be supplemented within 14 days, and the government can ask to lift the stay. In 2026, in Rojas-Espinoza v. Bondi, an en banc panel criticized that practice, denied a stay and lifted the temporary one. So do not count on it. Elsewhere, assume you have no protection until an order says so. File the motion with the petition.
What can the court actually change?
Less than most people expect. Facts found by the agency stand unless any reasonable adjudicator would be compelled to conclude otherwise. Courts cannot review discretionary denials of relief such as cancellation or adjustment, and in Patel v. Garland the Supreme Court extended that bar to factual findings behind them. Orders based on many crimes have a similar bar. What survives is constitutional claims and questions of law. In Wilkinson v. Garland, the Court held that applying the hardship standard to established facts is such a question, though the underlying facts and the final discretionary choice stay out of reach. In March 2026, Urias-Orellana v. Bondi applied the deferential standard to whether undisputed facts are persecution. Torture protection orders remain open to factual challenges, even with covered convictions, under Nasrallah v. Barr. So a petition needs a legal error, not a retelling. Ask a lawyer to name that error before you spend the fee.
Can I raise a new argument for the first time in federal court?
Generally not. The statute lets a court review an order only if you exhausted the remedies available as of right, which means raising the issue before the Board first. Santos-Zacaria v. Garland held that this rule is not jurisdictional, so the government can give it up, and that you need not ask the Board to reconsider. But the court will enforce the rule if the government invokes it. The review is also limited to the administrative record, so evidence you never filed will not be seen. So list every issue in the Notice of Appeal and the brief to the Board, naming asylum, withholding and torture protection separately. Before the judge rules, make sure documents are in the record at the individual hearing. If new evidence appears later, ask about a motion, because the court cannot take it.
What if my order was reinstated, or the fight is about detention?
Reinstated and administrative orders follow a harsher clock. Riley held that a later decision in withholding-only proceedings is not the final order of removal, and unpublished rulings in the Ninth and Fifth Circuits have since run the 30 days from the earlier order. So do not wait for the withholding decision. Have a lawyer assess a protective petition within 30 days of the reinstatement notice, and ask the court to hold it while that case continues. In the Ninth Circuit, Navarrete v. Bondi dismissed a petition that attacked only the torture denial, so the petition must also challenge the removal order. See INA § 241 for how reinstatement works. Expedited removal has its own narrow review. Custody challenges normally go to a federal district court by habeas, as our bond hearing guide explains. Ace Immigration's removal defense page explains how we review these cases. Bring your order, its date and any stay papers.