Petition for Review

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Multi-State
Control #:
US-6THCIR-6
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PDF
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Description

Petition for Review

A Petition for Review is a legal document filed with a higher court to challenge the decision of a lower court. It is a request for a higher court to review and possibly reverse the decision of a lower court. It is usually the only way to challenge a lower court ruling. There are two main types of Petition for Review: an appeal and a writ of certiorari. An appeal is a request for a higher court to hear the case and review the lower court’s decisions. It is usually filed by the party who lost the case in the lower court. A writ of certiorari, on the other hand, is a request from the higher court to the lower court to send up the records of the case for review. It is usually filed by the party who won the case in the lower court.

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FAQ

Most people who apply for a Green Card will need to complete at least two forms?an immigrant petition and a Green Card application (Form I-485). Someone else usually must file the petition for you (often referred to as sponsoring or petitioning for you), although you may be eligible to file for yourself in some cases.

When will the petition for review be decided? Once it receives a petition for review, the court has at least 60 days in which to make its decision.

A petition for review (PFR) is a pleading that you may file in federal Circuit Court if you disagree with a decision regarding a removal or deportation order issued by the Board of Immigration Appeals or U.S. Immigration and Customs Enforcement.

A petition for review is the document filed by, or on behalf of, an individual seeking review of an agency decision in a circuit court of appeals. In the immigration context, a petition for review is filed to obtain review of a decision of deportation, exclusion, or removal issued by the BIA.

You must file your petition for review no later than forty-five days after the court of appeals issues its judgment.

Petition for review is a way for a party who lost the appeal to challenge the Court of Appeal's decision. Any Court of Appeal decision can be challenged with a petition for review. However, review in the California Supreme Court is extremely rare.

Your petition for review need not be an elaborate document. However, it must contain at the beginning of the brief, a Statement of the Issues presented, in concise, non-argumentative form. It must also contain a Discussion section of why the Court should grant review.

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Petition for Review