Plain-English summary
Court says 30‑day deadline to challenge a ‘final order of removal’ is not jurisdictional; remands for further review
The Supreme Court held that the 30‑day filing deadline in 8 U.S.C. §1252(b)(1) for challenging a ‘‘final order of removal’’ is not a jurisdictional limit but a mandatory claims‑processing rule. The Court also ruled that a Board of Immigration Appeals denial of deferral in a ‘‘withholding‑only’’ proceeding is not a ‘‘final order of removal.’’
Why this matters
The decision affects who can seek federal court review of immigration agency decisions and when. By treating the 30‑day deadline as non‑jurisdictional, courts may have greater flexibility to consider late petitions in some circumstances. The ruling also narrows the category of agency decisions that trigger the strict 30‑day clock, giving some noncitizens more opportunity to seek judicial review.
Who may feel it
- Noncitizens subject to removal proceedings, especially in withholding‑only cases
- Immigration attorneys and legal aid organizations
- Federal courts and the Board of Immigration Appeals (BIA)
- Department of Justice and immigration enforcement agencies
Key questions
- Is the 30‑day filing deadline in 8 U.S.C. §1252(b)(1) jurisdictional or a claims‑processing rule that can be waived or forfeited?