Supreme Court Ruling Slams Door on Immigrant Appeals

Noncitizens must file early appeals, risking chaos in immigration system.

WASHINGTON — The U.S. Supreme Court on Thursday ruled against a noncitizen challenging the timing of judicial review in immigration cases, affirming that appeals of removal orders must be filed before related claims under the Convention Against Torture (CAT) are finalized. The decision in Riley v. Bondi has drawn sharp criticism from Justice Sonia Sotomayor, who warned of “untold damage to basic principles of finality and judicial review” (p. 21).

In Simple Terms

The Supreme Court's decision in Riley v. Bondi means that noncitizens facing expedited removal from the U.S. must file an appeal of their removal order right away, even if their claims for protection under the Convention Against Torture (CAT)—which prevents deportation to countries where they might face torture—are still being decided. The Court ruled that the removal order is final once the government decides a person can be deported, not when CAT claims are resolved, forcing noncitizens to file early appeals to preserve their…