Post-Conviction Relief for Immigrants



 
 

§ 10.21 5. During Petition for Review Proceedings

 
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            If the vacatur comes after the BIA has dismissed the appeal, immigration counsel can petition for review of the removal order in the United States Court of Appeals, and seek a stay of deportation during these proceedings.  Counsel can submit the new evidence to the court of appeals, and seek an order remanding the case to the BIA with instructions to reopen and consider this new evidence.

 

 

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