PETITION FOR REVIEW AND STAY MOTION PACKET

FEDERAL COURT OF APPEALS OUTLINE

Filing Overview

• Petitioner: [NAME], A#: [A-NUMBER]
• Agency decision date: [DATE]; Type: [BIA FINAL ORDER/AAO]
• Circuit: [NAME OF CIRCUIT]; Filing deadline (30 days from final order): [DATE]
• Custody/removal posture: [DETENTION/AT LARGE/REMOVAL IMMINENT]

Packet Order (suggested)

1) Petition for Review (PFR) per circuit form/rules.
2) Motion for stay of removal with proposed order.
3) Declaration(s) supporting irreparable harm and equities.
4) Addendum: agency decision(s) and relevant orders.
5) Corporate disclosure (if required), appearance forms, fee/IFP application.
6) Certificate of service on OIL/DHS.

Stay Motion Outline

1) Introduction and requested relief (temporary stay if available + full stay pending review).
2) Jurisdiction and timeliness of PFR.
3) Standard for stay (likelihood of success/serious questions; irreparable harm; balance of equities; public interest).
4) Argument applying factors (cite record and legal issues).
5) Removal/custody posture and timing; request for immediate administrative stay if permitted.
6) Conclusion and proposed order language.

PFR Issues Checklist

• Due process (notice, bias, translation, access to counsel).
• Legal errors (misapplied statutes/regs, incorrect standards).
• Substantial evidence challenges to key factual findings.
• Nexus/PSG/CAT errors; failure to consider evidence; credibility errors.
• Discretionary issues (where reviewable) and constitutional claims.

Practice Notes

• File within 30 days of final order; no equitable tolling for untimely PFR in most circuits.
• Follow circuit-specific rules on format, word limits, emergency stay procedures, and addenda.
• Coordinate with EOIR/ICE on stays; removal can moot relief without stay.
• If detained, include custody status and medical/hardship issues.
• Ensure proper service on DOJ OIL; use ECF if required; register for ECF promptly.