Riley’s attorney, Keith Bradley of Squire Patton Boggs, argues that noncitizens should be able to appeal within 30 days of the BIA’s decision on CAT relief, since this decision directly affects their deportation eligibility. On the other hand, the federal government, represented by U.S. Solicitor General Elizabeth B. Prelogar, contends that adherence to the initial 30-day window is necessary to maintain timely and efficient processing of removal cases.
30 Day Appeal Window justice review : Implications of the Supreme Court’s Review
The Supreme Court’s ruling on this 30-day appeal window will have significant implications for noncitizens with final removal orders who may seek protection under CAT or other provisions. A ruling in Riley’s favor could allow individuals to challenge removal orders more effectively when administrative decisions, like CAT denials, come after initial removal orders. If the court sides with the government, noncitizens may face stricter constraints on when they can file appeals, potentially leaving some without judicial recourse.
