The U.S. Supreme Court agreed on Monday to review a Fourth Circuit decision that limits judicial power to review missed appeal deadlines in immigration cases. The case involves Jamaican national Pierre Yassue Nashun Riley, who missed the 30-day appeal deadline for a final removal order despite claiming a credible fear of persecution if deported.
Case Background: 30-Day Appeal Timing and Final Removal Orders
Riley’s case highlights a procedural challenge for noncitizens who seek relief from removal. After serving a federal prison sentence for drug and firearm charges, Riley faced deportation proceedings, during which an immigration judge found he had a credible fear of returning to Jamaica. This finding made him eligible for protection under the United Nations Convention Against Torture (CAT).
In April, however, the Fourth Circuit ruled that it lacked jurisdiction to review Riley’s claim that the Board of Immigration Appeals (BIA) erred in upholding his removal. The court reasoned that Riley should have appealed the initial final removal order issued by the Department of Homeland Security (DHS) in January 2021. The Fourth Circuit held that Riley’s CAT relief denial was not a final order of removal, creating a legal distinction that effectively closed his appeal window after the initial DHS order.
Circuit Split on Appeal Timing
The Supreme Court’s review could resolve a split among circuit courts on when the 30-day appeal window begins for noncitizens contesting removal orders. Some circuits have ruled that the 30-day window starts after all administrative proceedings are complete, while others hold that the deadline applies after the first final removal order, regardless of later developments like CAT reviews.
