Federal Appeals Process: A Focus on the Ninth Circuit Court of Appeals (Immigration)

The Ninth Circuit reviews final immigration decisions from the Board of Immigration Appeals (BIA) for people whose cases arose in its territory (AK, AZ, CA, HI, ID, MT, NV, OR, WA; plus Guam and the N. Mariana Islands). The vehicle is a petition for review (PFR)—not a new application.

Deadlines & Jurisdiction

• File the PFR within 30 days of the BIA’s final order. This deadline is jurisdictional—miss it and the court cannot hear the case.
• Generally, you must have exhausted issues at the BIA. The court can review legal and constitutional questions, and many mixed questions of law and fact; pure discretionary calls and certain criminal bars are limited by 8 U.S.C. §1252.

Stays of Removal

Filing a PFR does not automatically stop removal. Request a stay of removal using the Nken factors: (1) likelihood of success, (2) irreparable harm, (3) balance of equities, (4) public interest. Support with sworn declarations, country reports, medical records, and proof of equities.

Record & Briefing

• The Ninth reviews the administrative record (hearing transcripts, exhibits, BIA/IJ decisions).
• Standard of review: substantial evidence for facts/credibility; de novo for legal questions; abuse of discretion for motions to reopen/reconsider.
• Typical briefing: opening brief (petitioner), answering brief (government), and reply; oral argument may follow before a three-judge panel. En banc rehearing is rare but available.

Common Immigration Issues

• Asylum/Withholding/CAT errors (nexus, corroboration, internal relocation, CAT “acquiescence”).
• Due process (ignored evidence, improper credibility analysis, translation or notice defects).
• Motions to reopen (changed country conditions, VAWA, U/T eligibility, new counsel/ineffective assistance under Lozada).
• Criminal grounds (CIMTs, aggravated felonies) applying the categorical/modified categorical approach.

Outcomes

Relief often means remand: the Ninth vacates and sends the case back with instructions (apply correct standard, consider evidence). Less commonly, the court grants relief outright or denies the petition.

Practice Tips
Calendar the 30-day deadline, file a robust stay motion, frame issues as legal or mixed, and tie facts to controlling Ninth Circuit precedent. Build a record that tells a clear story of error + harm, positioning your client for a remand that truly changes the result.