Immigration Blog

May 6, 2025

What is the Ninth Circuit Court of Appeals?

in the background is a courthouse with a waving American flag in the foreground

If the Board of Immigration Appeals (BIA) or an Immigration Judge denies your case, you may request a review of the decision by filing a Petition for Review with the Ninth Circuit Court of Appeals. The filing fee is $500. This federal court examines the rulings of the Immigration Judge and the BIA to determine whether any legal errors were made.

The Ninth Circuit Court of Appeals has the authority to review final orders of removal. The most common types of immigration-related appeals heard by the court include, but are not limited to:

  • Denials of asylum
  • Removal orders following a criminal conviction

You must file your Petition for Review within 30 days of the BIA or Immigration Judge’s decision. Missing this deadline waives your right to appeal, and you may be subject to deportation.

When filing a Petition for Review, you may also submit a motion to “stay removal”. If granted, this motion prevents your deportation while the court reviews your case. Additionally, you may be eligible to maintain and renew your work permit during this process.

The Petition for Review is primarily a written process. Your attorney submits legal arguments in a brief explaining why the agency’s decision was incorrect. The entire appeal process typically takes one to two years before a decision is issued.

In some cases, the court may schedule oral arguments, where you or your attorney present your case before a panel of judges. However, most cases are decided without oral arguments.

Possible Outcomes

  1. If your Petition for Review is granted: The court usually sends your case back to the BIA or Immigration Judge for reconsideration.
  2. If your Petition for Review is denied: You may file a Petition for Panel Rehearing, asking the court to reconsider its decision. However, these requests are rarely granted.

If you have questions about filing a Petition for Review, consider consulting an immigration attorney to evaluate your options.

Immigration court proceedings can be very complicated. Once you are in the immigration court system, the chances of deportation increase. 

For that reason it is recommended that you seek the assistance of a specialist attorney. Attorney Diana Bailey has over 20 years of experience in the immigration field. Call for a free consultation, Monday through Friday from 9am to 6pm.