Riley v. Bondi Clarifies Final Removal Orders and the 30-Day Petition Deadline

Read the source decision or official decision listing.

Judicial-review deadlines in removal cases can turn on which agency action counts as the final order. The Supreme Court addressed that distinction in Riley v. Bondi, 606 U.S. 259 (2025).

A Final Removal Order and Later CAT Proceedings

DHS issued a final administrative review order directing Pierre Riley’s removal to Jamaica. Riley later sought Convention Against Torture protection. An immigration judge granted deferral, but the BIA vacated that decision. Riley filed a petition for review three days after the BIA ruling.

The Fourth Circuit dismissed for lack of jurisdiction, viewing the BIA decision as the relevant event and the 30-day period as jurisdictional.

The Supreme Court’s Two Holdings

First, the Court held that a BIA order denying protection in withholding-only proceedings is not itself a final order of removal. The earlier order that found Riley removable and directed removal was final. Withholding-only proceedings concern where removal may occur, not whether the person is removable.

Second, the Court held that 8 U.S.C. § 1252(b)(1)’s 30-day deadline is a mandatory claims-processing rule, not a jurisdictional limit. Because the government did not press the deadline as a dismissal ground, the Court vacated and remanded.

The Decision Is Not Permission to Wait

Nonjurisdictional does not mean optional. A mandatory claims-processing rule may still require dismissal when properly invoked. The decision also creates timing questions when a final order predates withholding-only proceedings.

A person facing removal should obtain advice immediately after every agency decision. Waiting for a later protection ruling may jeopardize review of issues tied to an earlier final order.

Litigation Planning After Riley

Counsel must identify the operative order, calculate the deadline from the correct event, and evaluate protective filings. Riley did not decide the merits of the CAT claim or create a general extension.

Key Takeaways

• A withholding-only decision is not itself a final removal order.
• The 30-day period is nonjurisdictional but mandatory.
• Different issues may become reviewable at different stages.
• Immediate deadline analysis remains essential.