Opinion Summary: Riley v. Bondi | Date Decided: 6/26/25 | Case No. 23–1270

Link to Docket: Here.

Background:

Petitioner Pierre Riley, ineligible for cancellation of removal or discretionary relief from removal, sought deferral in withholding-only proceedings, pursuant to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. After the Board of Immigration Appeals issued a decision reversing an immigration judge's grant of relief, Riley promptly petitioned for review by the U.S. Court of Appeals for the Fourth Circuit. Although both parties urged the court to decide the merits of the case, the Fourth Circuit dismissed Riley's petition for lack of jurisdiction pursuant to 8 U.S.C. 1252(b)(1), which states "[t]he petition for review must be filed not later than 30 days after the date of the final order of removal."

This holding implicates two circuit splits, each of which independently warrants review.

Questions Presented:

1. Whether 8 U.S.C. 1252(b)(1)'s 30-day deadline is jurisdictional, or merely a mandatory claims-processing rule that can be waived or forfeited.
2. Whether a person can obtain review of the BIA's decision in a withholding-only proceeding by filing a petition within 30 days of that BIA decision?

Holding: 1. BIA orders denying deferral of removal in "withholding-only" proceedings are not "final order[s] of removal" under Section 1252(b)(1). An "order of removal" includes an "order of deportation," which, in turn, is defined as an order "concluding that the alien is deportable or ordering deportation." 2. The 30-day filing deadline under Section 1252(b)(1) is a claims-processing rule, not a jurisdictional requirement.

Result: Vacated and remanded.

Voting Breakdown: 5-4 as to the holding that BIA orders denying deferral of removal in "withholding-only" proceedings are not "final order[s] of removal" under Section 1252(b)(1). 9-0 as to the holding that the 30-day filing deadline under Section 1252(b)(1) is a claims-processing rule, not a jurisdictional requirement.

Justice Alito delivered the opinion of the Court, in which Chief Justice Roberts and Justices Thomas, Kavanaugh, and Barrett joined in full, and in which Justices Sotomayor, Kagan, Gorsuch, and Jackson joined only as to Part II–B. Justice Thomas filed a concurring opinion. Justice Sotomayor filed an opinion dissenting in part, in which Justices Kagan and Jackson joined in full, and in which Justice Gorsuch joined except as to Part IV.

Link to Opinion: Here.

Oral Advocates:

• For Petitioner:
• For Respondent:

Website Link to Oral Argument: Here.

Apple Podcast Link to Oral Argument: Here.