Petitions for Review of Deportation Orders

Challenging Removal Orders in Federal Court

Receiving a deportation order from an immigration judge is not always the final decision. If the Board of Immigration Appeals (BIA) upholds your removal order, you may have the option to file a Petition for Review in federal court to challenge the decision.

At Benach Pitney Reilly Immigration, we represent individuals in federal court appeals of deportation orders, fighting for their right to remain in the U.S. Our attorneys have the experience and knowledge to identify legal errors in removal proceedings and advocate for a fair review.

Has the BIA upheld your deportation order? Contact us immediately to discuss your appeal options.

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What Is a Petition for Review?

A Petition for Review (PFR) is a legal filing in a U.S. Circuit Court of Appeals that challenges a final removal order issued by the BIA. The court will determine whether legal or constitutional errors were made in the deportation case.

  • Filed directly in a federal appeals court (not immigration court).
  • Focuses on legal mistakes (not rearguing facts).
  • Strict deadlines apply—must be filed within 30 days of the BIA decision.

Filing a Petition for Review is often the last chance to stop deportation. Do not miss the deadline.

Who Can File a Petition for Review?

You may qualify to file a Petition for Review if:

  • The BIA has issued a final removal order against you.
  • There were legal errors, misinterpretations of law, or due process violations in your case.
  • You exhausted all administrative appeals within the immigration system.
  • You are still in the U.S. (departure can impact eligibility).

Not all deportation cases are eligible for federal review. Speak to an attorney to determine your legal options.

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Grounds for Challenging a Deportation Order

A Petition for Review is based on legal errors made in the immigration court process, including:

Misapplication of Immigration Law

  • The judge or BIA incorrectly applied immigration statutes to your case.
  • Legal precedent supports your eligibility for relief.

 

Violation of Due Process

  • You were denied a fair hearing or legal representation.
  • The court failed to properly consider evidence or testimony.

 

Incorrect Credibility Determinations

  • The judge wrongly concluded that your testimony was not credible in an asylum or deportation case.

 

Government Misconduct or Errors

  • USCIS, ICE, or other agencies failed to follow procedures in your case.

Even if your case was denied, legal errors may give you grounds for a federal appeal.

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The Petition for Review Process

Step 1: File a Petition for Review in Federal Court

Must be filed in the U.S. Court of Appeals within 30 days of the final removal order.

Step 2: Submit Legal Briefs & Arguments

Your attorney will present written legal arguments identifying the errors in the deportation order.

Step 3: Government Response & Court Review

The U.S. Department of Justice will file a response defending the removal order.

Step 4: Court Decision

The appeals court may:

  • Reverse the removal order and send the case back for reconsideration.
  • Remand the case for additional hearings.
  • Uphold the removal order, finalizing the deportation.

Federal court appeals are complex and require an experienced legal team.

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How can Benach Pitney Reilly Immigration Help?

Our immigration appeals team provides:

  • Case Analysis: Identifying legal errors in deportation orders.
  • Strategic Briefing & Legal Arguments: Presenting strong cases to federal courts.
  • Experienced Federal Litigation: Handling appeals in U.S. Circuit Courts nationwide.
  • Emergency Assistance: Rapid filing of Petitions for Review in time-sensitive cases.

Facing deportation? Our legal team fights to challenge removal orders in federal court.

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Why Partner with Benach Pitney Reilly Immigration?

  • Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
  • Proven Track Record: Success in uniting families through immigration solutions.
  • Clear Communication: Regular updates and transparency throughout the legal process.
  • Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.
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See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.
""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.
""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.
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""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.
""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.