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Home | Case-Filing | Appealing a Case in the Second Circuit | How to Appeal an Agency Case

Petition for review

A petition for review includes (1) a petition to enjoin, suspend, modify, or otherwise review an agency decision or (2) a notice of appeal, whichever form is indicated by the applicable statute. See FRAP 15 (a)(4). A template for the petition for review is posted on the Court's website.


A party who seeks review of a federal agency's order must file a petition for review with the Clerk's Office within the time prescribed by law. A petitioner is advised to check with the agency that has issued the order to ascertain the proper filing deadline.


In immigration cases the petition for review must be filed - i.e., received in the Clerk's Office - within 30 days of the date of the final Board of Immigration Appeals ("BIA") order being challenged 8 U.S.C. ยง 1252(b)(1). This date is usually the date stamped on the BIA's decision. In counseled cases the petition for review is submitted in ACMS (Appellate Case Management System) electronically in PDF format with electronic payment of the filing fee under LR 15.1. In pro se cases the petition for review is filed on the date the Clerk's Office receives the paper copy of the document.



Last modified at 3/05/2021