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Immigration Law

Bhaktibhai-Patel Practice Alert: NILA (May 2, 2022)

NILA, May 2, 2022

"On April 27, 2022, a panel of the Second Circuit issued a decision that, if permitted to stand, cuts off judicial review for individuals with fear-based claims who are subject to final removal orders under the reinstatement statute, 8 U.S.C. § 1231(a)(5). In Bhaktibhai-Patel v. Garland, No. 19- 2565, _ F.4th _, 2022 U.S. App. LEXIS 11370, 2022 WL 1230819 (2d Cir. 2022), the court dismissed a petition seeking review of a negative reasonable fear determination for lack of jurisdiction, finding the petitioner’s claims were not part of a final order and that the petition was not timely filed. This alert addresses the court’s decision, suggests strategies for litigating existing and future petitions for review in these cases, and encourages attorneys litigating these cases to contact the ACLU Immigrants’ Rights Project and/or National Immigration Litigation Alliance."