VAWA

[Yahya54 4]

yahya54, finally it's your turn to get a decision )) it took a while

yes its been while i think bc/z my attorny he put my vawa poorly the ask 2 time for (good moreal character) he could ve told me from the first RFE that i need to do back ground chak but we didnt send it at first and they ask for my divorce decree (is that normal )and they ask if i remarrid or not so im hoping for somthing good coming in the way .my 2nd prima facie will expier in 3 week

DEAR FRIEND

any body got RFE that they ask if you remarried or if you divorce your ex spouse (THE NEED THE DEVORC DECREE )

[kwala 3]

on xx,xx,xxxx the Administrative Appeals Office returned this case. If your case was remanded or your appeal was sustained, we will notify you of our action within 60 days of the date of the AAO decision. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

doas anyone here know what is the outsome of this update my case was filed since 2006 .i GIVE up how can someone survive without documents while i-360 pending without the work permit .the service

Can i withdraw the appeal and refile again new one i-360 .

[mafen 1]

yes its been while i think bc/z my attorny he put my vawa poorly the ask 2 time for (good moreal character) he could ve told me from the first RFE that i need to do back ground chak but we didnt send it at first and they ask for my divorce decree (is that normal )and they ask if i remarrid or not so im hoping for somthing good coming in the way .my 2nd prima facie will expier in 3 week

DEAR FRIEND

any body got RFE that they ask if you remarried or if you divorce your ex spouse (THE NEED THE DEVORC DECREE )

Hey,

good to know that ur case have been resume agine and I wish u fast aprovle.

I got that RFE and send everything Back in nov 2009, it was tuch twice day after day on Dec 2009 and since then nothing.

Today I got a letter from congressman said that VSC asking for another 30 days and thay think thay gonna take action on my case.

So Wish me luck...

To shere Im feeling bad for u, and for everyone that need to go trogh this nitemare.

Best wishes and be strong, we never give up untill we get our life back.

[Honey610 0]

Hi Everyone,

I'm new to this forum. I applied for VAWA April 6th, 2010. The abuse I suffered was physical, sexual and psychological abuse. The evidence I sent were all the mail I had to show my husband and I lived together, our lease, a few pictures, letter from a psychiatrist, letter from a shelter that I've been going to for counseling, medical report from when my husband went to the hospital for his suicide attempt, my background checks, and copies of my immigration paperwork (I-94 etc.).

I am currently working with a lawyer and so far I've only received my NOA for the I-360. I was married to a USC so my lawyer will be filing my I-485 next week for my new work permit cause she was waiting to get a new copy of my medical report since my husband withdrew our other I-485.

I hope everyone best of luck and I will keep everyone posted!

[Yahya54 4]

Hey,

good to know that ur case have been resume agine and I wish u fast aprovle.

I got that RFE and send everything Back in nov 2009, it was tuch twice day after day on Dec 2009 and since then nothing.

Today I got a letter from congressman said that VSC asking for another 30 days and thay think thay gonna take action on my case.

So Wish me luck...

thank you mafen

RFE paper says that

FROM THE DATE THIS OFFICE RECEIVE YOUR SUBMISSION, IT WILL TAKE A MINIMUM OF 14 DAYS TO PROCESS YOUR FORM .IF YOU HAVE NOT HEARD FROM USCIS WITH IN 60 DAYS YOU MAY CONTACT THE USCIS(NCSC)18003755283

mafen ... is your RFE form say that in bottem of the page

[kwala 3]

there friends please it is better that everyone have signature to know about process dates and RFE update and when the case toushed .even anyone benifits from this forum and experience ,the i-360 is very hard even u colect all the required documents .the petition could be denied for several reasons outside of the the whole process .the self statment uis complaint against the spouse is the decision .

my case toushed 19/20/21 my day is comming final .will get news this week i wish overcome this terrible situation 2 years on the all kind of abuse ,more than 4 years without work permit 6 years on nitemare .6 years not see my familly my mom 6 years my memory almost lost .6 years thinking .i give up i dont know what to say .i wish my heart stop working by Now .

[kwala 3]

yahya ,

about what i learn .the officer have two weeks to approve the case befor ur prima facie expired if no decision recieved befor prima facie expired ,for sure is entend to deny .more than that he may prepare entend to deny because approval so quiq take less than two week after RFE. denail take time but less than 56 days from the date they recieve RFE .i wish you good luck to star ur new life .dont worry .ur case is almost resolved .because u dont have problem to prove the abuse is the hardest part and most cases it called missed part .the abuse is all about on all this petition .u should work hard .u are in the end of the tunnelle almost approval .

i advise u to get all the papers u need by now .FBI fingerprint and police clearance from ur home country is very important in the case they intend to deny .wish NOT .

if you have those two documents i said and police clearance from the states u live now .it called suffisant evidences by AAO .Remember

[kwala 3]

Notice of Intent to Deny(NOID) & RFE MEMO

--------------------------------------------------------------------------

The USCIS will start to give out RFE's ONLY if they want to approve the case and Notice of Intend to Deny(NOID) If they think you shouldn't be able to adjust the case. Here is the memo from a law website and USCIS

1. Good News : USCIS Rescinds Negative RFE Memo!

The U.S. Citizenship and Immigration Services (USCIS) issued a memo on February 16, 2005, to all Regional Directors, Service Center Directors, District Directors, and Officers-In-Charge that rescinds the controversial May 4, 2004 Memo regarding Requests for Evidence (RFEs). The May 4, 2004 Memo was being used by many adjudicators to justify denials of cases without the issuance of an RFE and without providing the parties with an opportunity to address perceived weaknesses in a case.

Samplings Used to Help Determine Revised Policy

The February 16, 2005 Memo indicates that the prior (May 4, 2004) RFE Memo was issued because adjudicators were issuing RFEs on cases that were clearly not approvable under any circumstance. These are cases that, essentially, are asking for an immigration benefit that does not exist. The issuance of RFEs in these cases resulted in delays in the processing of legitimate cases. As explained below, this category of case can still be denied without an RFE.

Since the May 2004 RFE Memo was issued, the USCIS looked at another sampling of files. They found that many cases were being denied that could have been approved if the applicants had been given the opportunity to provide additional information in response to the RFEs or Notices of Intent to Deny (NOIDs). On this basis, the USCIS has recognized that the "denial without RFE" system was of no greater help to customers of the USCIS than the prior practice of issuing essentially useless RFEs. In light of these revelations, the USCIS has now taken the step of rescinding the prior Memo and issuing the new (February 16, 2005) RFE Memo.

Outright Denials Allowed under Certain Circumstances

The new RFE Memo retains the concept that a case may be denied if it is clearly not approvable. These are cases where basic statutory or regulatory requirements are clearly missing.

This includes cases where the applicant or petitioner is categorically ineligible to receive a benefit, including, but not limited to:

Applications for naturalization from persons under the age of 18 years;

I-130 relative petitions filed for ineligible classes of relatives, such as grandparents or nieces;

L-1 inter-company transferee petitions where the company in the U.S. clearly has no relationship to a foreign company abroad;

Cases where the evidence shows that a substantive requirement for a benefit cannot be met, including, but not limited to:

an H1B petition for a factory machine operator or other position that clearly does not require a bachelor's degree or higher;

an E-1 or E-2 treaty trader or investor petition filed for a beneficiary who is not a national of a country that has a qualifying treaty with the U.S.; or

an H2B temporary worker petition for a beneficiary who has already been in the U.S. for three years or more without a six-month absence.

Approval of an Application or Petition without an RFE or NOID

The February 16, 2005 new RFE Memo clearly provides that, if an applicant or petitioner has established eligibility for the immigration benefit sought, the case should be approved. The new RFE Memo reminds adjudicators that the old "Zero Tolerance Memo" issued in 2002 as a reaction to 9/11 has been rescinded. [More information is available in our Oct 3, 2003 article 'Zero Tolerance' Policy Withdrawn.] Therefore, there is no need to issue RFEs or NOIDs merely to eliminate all potential doubt and all possibility for fraud. Instead, the new RFE Memo recognizes that the standard for petitioners and applicants is a "preponderance of the evidence" standard. This is a term of law meaning that the petitioner or applicant must establish that it is more likely than not that the person or entity filing the application or petition has met the burden of proof for the case to be approved. This is a much lower standard than the "beyond a reasonable doubt" standard in criminal matters or the "clear and convincing" standard in quasi-criminal cases, both of which are far more stringent.

When Issuance of RFE or NOID is Appropriate

If an adjudicator believes that the evidence provided raises questions about eligibility or does not fully establish eligibility, the issuance of an RFE or NOID is still discretionary. The new RFE Memo strongly recommends, however, that the adjudicator issue the RFE or NOID. The Memo gives guidance as to how the examiner is to decide between issuing an RFE or NOID.

Selecting to Send an RFE

The February 16, 2005 new RFE Memo directs an adjudicator to issue an RFE, rather than a NOID, if a necessary piece or pieces of evidence are missing. According to the Memo, "the highest quality RFE is one that limits the request to the missing evidence. Generally, it is unacceptable to issue a RFE for a broad range of evidence when, after review of the record so far, only a small number of types of evidence is still required." The new RFE Memo recognizes that RFEs requesting a full gamut of information when only a small amount is needed to make a final decision "overburdens the USCIS' customers, over-documents the file, and wastes examination resources through the review of unnecessary, duplicative, or irrelevant documents." This directive is obviously a welcome one and, hopefully, something that will make its way into actual practice.

While adjudicators may use template language in an RFE, the Memo advises that all requests included in a particular template may not be appropriate for every RFE. Therefore, adjudicators are advised in the new RFE Memo not to send the entire template but only the portions applicable to the particular case.

Selecting to Issue a NOID

USCIS adjudicators are directed to issue a NOID rather than an RFE if the filing does not appear to establish eligibility by the preponderance of the evidence, the case appears ineligible for approval but not necessarily incurable, or the adjudicator intends to rely on evidence not submitted by the filer for denial of the case. Under the new RFE Memo, NOIDs must provide an explanation as to why the case might be denied in order to give the applicant or petitioner the opportunity to respond or rebut the concerns of the adjudicator.

NOIDs are currently required under regulation in lieu of outright denial for Violence Against Women Act (VAWA) petitions, adjustment of status applications for certain physicians, and certain legalization applications. This regulation may be changed in the future.

Evaluating Responses to RFEs and NOIDS

The new RFE Memo reminds adjudicators to evaluate cases based on the complete record of evidence once RFE or NOID responses are received. They are not supposed to simply rely upon the information provided in response to the RFE or the NOID. The Memo recognizes that an RFE response may result in the need for the issuance of another RFE or NOID. The Memo indicates, however, that it should be much rarer that another NOID or an RFE is issued after receiving a NOID response. We note that it is best to assume that, in most cases, the RFE or NOID response will be the last opportunity to supply evidence and address issues of concern prior to a decision. Thus, it should be treated as such and prepared so that all necessary evidence and arguments are made with the response to the RFE or the NOID. It may be that the case will be transferred for an interview or another RFE / NOID will be issued, but one should never assume that s/he will be given another chance.

Referrals for Fraud

In addition to issuing an RFE or NOID when appropriate, the adjudicator may also refer a case to a Fraud Detection and National Security (FDNS) Immigration Officer if the adjudicator suspects fraud. Such a referral, however, must be based on conflicting or derogatory information available to the adjudicator that would lead a reasonable person to question the truthfulness of the applicant, petitioner, and/or other entity (such as attorney) associated with the benefits sought.

Conclusion

The new RFE Memo reflects that the USCIS has a commitment to customer service even while security remains a priority. We not only applaud, but offer a standing ovation to the USCIS for the decision to rescind the May 4, 2004 RFE Memo and issue a more instructive and comprehensive guidance to its officers. Issued on February 16, 2005, this made a nice gift during the week of St. Valentine's Day for the benefit of the immigrant community!

__________________

[anonymous09 1]

Hello Everybody.. i hope everyone's approval is coming through. Looks like yahya's is almost there and toshare also gets one soon which i think has taken the longest here.

i recieved my approval notice yesterday finally but reading through it. it appears to have some 15 month clause in it, does anyone else have a similar statement in their approval notice?

[kwala 3]

Mafen ,THNKS for ur comments and feeling toward my situation .

i am happy that i still in life and pass day after day even harder .wish those who process our life to be honest anf see all petitioners same .anf give right to those who deserve favorable outcome .

for ur siutation i told u befor what u should do .however if u do that he is not even inform u by mail ,he wiil call because of other offices request him to move positively on ur side to find out what the delay for .is works now his request is true .i got info that vsc will inform me in 30 days .i count day after day unti 10 april the message change on my case witout that my case with an investigator=( officer = adjudicator )=same .how ever 30 days finish next day got update wish now someone works actively on my case it was toushed 19/20/21/22 .4 luds without status change i think i will get notice this comming week if not saturday .i wish deeply they understand the emergency i need currenthly .

about ur case i think same as yahya u gona get RFE or decision after 30 days if not sure the week after 30 days .good luck to u .do what i say befor always knock doors to get info if not ,ur case will be abondoned be careful .

anonymous

thanks and i wish u good luck for the process until u got ur Citizenship .the process is long and the approval of i-360 is not enaugh ,because at the interview the officer will again ask u for some info on ur case like what hapened to u with ur spouse u should tell him all the events u go trough and he should be satisfy of what u said if he feels sorry he may be approve u and also will ask u for other wuestion about records and good faith mariage u should take all your case with u to show him any thing he may ask u for .now dont worry about what they write on the approval notice just wait for the interview apointment .and be ready for that ,go to you tube and have a look for some question for interview about i-485 .good luvk and i wish that everyone have peace of mind .and good health is all .

[dannawaiting 0]

Hey guys a quick question...i got an approved i360 this feb after applying in april 2009....now i filed for my EAD (I765) BASED ON THE APPROVED I360 THEY RECEIVED MY APPLICATION ON MARCH 1ST 2010 AND IT WAS THEN TOUCHED AGAIN ON MARCH 4TH BUT HASNT BEEN TOUCHED AGAIN, I HAVENT RECEIVED ANYTHING IN THE MAIL TO GET BIOMETRICS DONE IS THIS NORMAL? i SAT DOWN WITH AN ATTORNEY WHO TOLD ME BECUZ I MARRIED A GREENCARD HOLDER I WOULD HAVE TO WAIT TO BE ELIGEBILE TO FILE FOR THE GREEN CARD APROXIMATELY 3 YEARS FINE BY ME I JUST WANNA WORK BUT NOTHING YET AFTER 50 DAYS IS THIS NORMAL FOR EAD.i SUBMITTED AN INQUIRY TODAY....

[qwerty07 0]

I filed last May 08 Im on proceeding in June it would be my 6th appearance in court. I wrote to the congress to ask for help and they have mentioned to me that my case is no longer in Vermont. and its with the judge now i dont know what to do next.. I thought that im just waiting a decision from Vermont but now Iam wrong this is si Frustratin my lawyer didn't even know that.

Edited April 23, 2010 by qwerty07

[qwerty07 0]

Today I inquire to a different lawyer thru phone and he said that there is no other office that can adjudicate my case except for Vermont but the representative from the congressmans office said that Vermont already forward it to the court and it should be adjudicated by the Judge. when all this time I know that Im waiting for a decision from Vermont..

What now? I have a question I didn't file I-485 and -I765 with my I-360 and im now on removal proceeding because my the first I485 was denied because i was not with my ex that time.

Now, the question is can I still file AOS & EAD even if im in removal proceeding because i have a feeling that they would just deny it because im on a proceeding this is so frustrating

Edited April 23, 2010 by qwerty07

[kwala 3]

Hey guys a quick question...i got an approved i360 this feb after applying in april 2009....now i filed for my EAD (I765) BASED ON THE APPROVED I360 THEY RECEIVED MY APPLICATION ON MARCH 1ST 2010 AND IT WAS THEN TOUCHED AGAIN ON MARCH 4TH BUT HASNT BEEN TOUCHED AGAIN, I HAVENT RECEIVED ANYTHING IN THE MAIL TO GET BIOMETRICS DONE IS THIS NORMAL? i SAT DOWN WITH AN ATTORNEY WHO TOLD ME BECUZ I MARRIED A GREENCARD HOLDER I WOULD HAVE TO WAIT TO BE ELIGEBILE TO FILE FOR THE GREEN CARD APROXIMATELY 3 YEARS FINE BY ME I JUST WANNA WORK BUT NOTHING YET AFTER 50 DAYS IS THIS NORMAL FOR EAD.i SUBMITTED AN INQUIRY TODAY....

honey .to process EAC i-765 the waiting time is 90 days exactly .after that next morning you should go to uscis office on ur state they will give u one valid for 6 month if u did not receieve the decision on 90 days is guaranted .i was smart now i am stupid .

[kwala 3]

querty ,to be honest i am sure deportation hurt the economy badely .look at china 2 million people and the economy going UP year after year .lots of immigrant go back to there country to open business and NOT baying houses here because they cannot live without there spouse or familly if there are deported .i wish the best for the economy that everyone deserve better life every one equal GOD SAY that .

hold on ,you deserve to have advise from everyone on this forum but .all those who show up on here like mouses they still food and run away .

ok now u know where is ur papers located; u should look what door left for u .if u live here 10 years u can file stay of removal .7 years you need two people wotnesses know u are good person moral charachter .helpfull person and folow respect and under thw law of united states .

.show to the djudge that ur removal will be extremely hardship .google hardship letters .that what hapened to EWTN too .her petition forwarded to djudge here some information .be strong and face all this process ,u know lots of people was in removal proceeding and djudge granted there stay ,u should relax and not to be stressed just do everything u see positive on ur side .what ever .at the end of the brodge ask the djudge u need volentary depart ,after that even 30 days ,file motiton to reopen with BIA that what some people do .be strong life is apportinity keep hopes always and forver u can survive on any part of eurth .

U.S. Department of Justice

Executive Office for Immigration Review

Office of the Director

5107 Leesburg Pike, Suite 2600

Falls Church, Virginia 22041 August 3, 2004

Forms of Relief From Removal

The Executive Office for Immigration Review (EOIR), an agency of the Department of Justice, oversees three components which adjudicate matters involving immigration law matters at both the trial and appellate level. Under the Office of the Chief Immigration Judge, more than 200 Immigration Judges located in 53 Immigration Courts nationwide conduct proceedings and decide individual cases. The agency includes the Board of Immigration Appeals (BIA), which hears appeals of Immigration Judge decisions, and the Office of the Chief Administrative Hearing Officer, which handles employment‑related immigration matters.

This fact sheet summarizes the most frequently requested forms of relief that are available to an alien who has been found to be removable. These descriptions are not fully inclusive and do not encompass the many regulatory and court interpretations that determine actual applicability of relief in an individual case. Also, the descriptions that follow are subject to change since Congress may legislate new laws. Accordingly, the following summaries are intended only to assist the public’s general understanding of the types of relief from removal, and interested parties should thus refer to controlling law and regulations for a precise and complete understanding of the topics presented.

Discretionary Relief

Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. The alien has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an exercise of discretion.

Voluntary Departure – Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges, as well as the Department of Homeland Security (DHS), which absorbed the functions of the former Immigration and Naturalization Service. Voluntary departure avoids the stigma of formal removal by allowing an otherwise removable alien to depart the United States at his or her own personal expense and return to his or her home country, or another country if the individual can secure an entry there. Immigration Judges will provide aliens information on the availability of this form of relief when taking pleadings. It is important to note that aliens granted voluntary departure must depart within the time specified by the Immigration Judge. Although an Immigration Judge has the discretion to set a shorter deadline, aliens granted voluntary departure prior to the completion of removal proceedings must depart within 120 days, and those granted such relief at the conclusion of removal proceedings must depart within 60 days. In addition, in order to avoid being penalized for choosing to appeal a decision rather than depart, the BIA usually will extend an earlier grant of voluntary departure for 30 days. As with other forms of discretionary relief, certain individuals will be found ineligible for voluntary departure, and those granted voluntary departure who fail to depart are subject to fines and a 10-year period of ineligibility for other forms of relief.

Cancellation of Removal – This form of discretionary relief is available to qualifying lawful permanent residents and qualifying non-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the individual:

Has been a lawful permanent resident for at least 5 years;

Has continuously resided in the United States for at least 7 years after having been lawfully admitted; and

Has not been convicted of an “aggravated felony,” a term that is more broadly defined within immigration law than the application of the term “felony” in non-immigration settings.

Cancellation of removal for non-permanent residents may be granted if the alien:

Has been continuously present for at least 10 years;

Has been a person of good moral character during that time;

Has not been convicted of an offense that would make him or her removable; and

Demonstrates that removal would result in exceptional and extremely unusual hardship to his or her immediate family members (limited to the alien’s spouse, parent, or child) who are either U.S. citizens or lawful permanent residents.

It is important to note that different standards are used in determining eligibility for victims of domestic violence.

Asylum – Under section 208(a) of the Immigration and Nationality Act, the Attorney General may, in his discretion, grant asylum to an alien who qualifies as a “refugee.” Generally, this requires that the asylum applicant demonstrate an inability to return to his or her home country because of past persecution or a well-founded fear of future persecution based upon his or her race, religion, nationality, membership in a particular social group, or political opinion. However, an alien may be ineligible for asylum under certain circumstances, including having failed to file an asylum application within an alien’s first year of arrival in the United States, being convicted of an aggravated felony, or having been found to be a danger to national security. Similar forms of relief are Withholding of Removal and applications under the United Nations Convention Against Torture.

Adjustment of Status – This form of discretionary relief is available to change an alien’s status from a non-immigrant to a lawful permanent resident. Aliens who have been previously admitted into the United States can apply to DHS for adjustment of status, while aliens in removal proceedings apply before an Immigration Judge. Several conditions must be met, including that the alien is admissible for permanent residence and an immigrant visa is immediately available at the time of application. Aliens who qualify for visas allowing an adjustment of status are often petitioned for by a spouse (or another family member) or an employer. Certain individuals, including criminals and aliens who fail to appear for proceedings or fail to depart after a grant of voluntary departure, and those who were ordered removed may be ineligible for adjustment of status.

Administrative and Judicial Relief

Motions to Reopen or Reconsider – An alien may move to reopen or to reconsider a previous decision by filing a timely motion with an Immigration Judge or the BIA. The central purpose of a motion to reopen is to introduce new and additional evidence that is material and that was unavailable at the original hearing. A motion to reconsider seeks a reexamination of the decision based on alleged errors of law and facts. Unless an exception applies, a party may file only one motion to reopen and one motion to reconsider. With a few exceptions, a motion to reopen proceedings must be filed within 90 days of the final removal order, while a motion to reconsider must be filed within 30 days of the date of the final order. The filing of such motions does not suspend the execution of the removal decision unless a stay is ordered by the Immigration Judge, the BIA, DHS, or the alien seeks to reopen an in absentia order (a decision made when the alien was absent at the proceeding).

Stay of Removal – A stay of removal prevents DHS from executing an order of removal, deportation, or exclusion. Depending on the situation, a stay of removal may be automatic or discretionary. An alien is entitled to an automatic stay of removal during the time allowed to file an appeal (unless a waiver of the right to appeal is filed), while an appeal is pending before the BIA, or while a case is before the BIA by way of certification. Except in cases involving in absentia orders, filing a motion to reopen or reconsider will not stay the execution of any decision made in a case. Similarly, filing a petition for review in Federal court also does not result in an automatic stay of a removal order. Thus, a removal order can proceed unless the alien applies for and is granted a stay of execution as a discretionary form of relief by the BIA, Immigration Judge, DHS, or a Federal court. Such a stay is temporary and is often coupled with a written motion to reopen or reconsider filed with the Immigration Court, the BIA, or an appeal to a Federal Circuit Court.

Administrative Appeal – The BIA is the highest administrative body with the authority to interpret Federal immigration laws. The BIA has jurisdiction to hear appeals from decisions of Immigration Judges and certain decisions of DHS. Either an alien or DHS may appeal a decision from the Immigration Judge. In deciding cases, the BIA can dismiss or sustain the appeal, remand the case to the deciding Immigration Judge, or, in rare cases, refer the case to the Attorney General for a decision. A precedent decision by the BIA is binding on DHS and Immigration Judges throughout the country unless the Attorney General modifies or overrules the decision. With respect to the filing deadline, the appeal of an Immigration Judge’s decision must be received by 30 calendar days from the date it was issued by the court.

Judicial Review – The Immigration and Nationality Act confers Federal courts jurisdiction over certain decisions appealed from the BIA. However, subsequent laws have substantially restricted judicial review of removal orders. An alien has 30 days from the date of a final removal decision to file a judicial appeal, which is generally filed with the Court of Appeals. The procedures and applicability of judicial review in immigration cases are complex and governed by a number of court decisions and interpretations that, in many circumstances, are not clearly resolved. For an understanding of how judicial review might apply in a specific case, qualified legal counsel should be consulted.

- EOIR -