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The Supreme Court vacated and remanded the Fourth Circuit's dismissal of Riley's petition for review. The Court held that (1) a BIA order denying deferral of removal in "withholding-only" proceedings is not a "final order of removal" under 8 U.S.C. §1252(b)(1), and (2) the 30-day filing deadline under §1252(b)(1) is a claims-processing rule, not a jurisdictional requirement.
music for the podcast provided by Dimitry Taras
By 9robes.aiThe Supreme Court vacated and remanded the Fourth Circuit's dismissal of Riley's petition for review. The Court held that (1) a BIA order denying deferral of removal in "withholding-only" proceedings is not a "final order of removal" under 8 U.S.C. §1252(b)(1), and (2) the 30-day filing deadline under §1252(b)(1) is a claims-processing rule, not a jurisdictional requirement.
music for the podcast provided by Dimitry Taras