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The first step in filing a Petition for Review is to file the initial notice. This initial notice must be filed within 30 days of the final order entered by the B.I.A. or Immigration Court. This timeliness rule is written in stone. There are very few exceptions.
Below is a sample Initial Notice of Filing Petitioner for Review
UNITED STATES COURT OF APPEALS
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
U.S. Attorney General,
EXECUTIVE OFFICE OF IMMIGRATION REVIEW-
BOARD OF IMMIGRATION APPEALS, PETITION FOR REVIEW
NOTICE IS HEREBY GIVEN that, Appellant, ***************, by and through his undersigned attorney, hereby petitions the Court for review of the decision and order of the Board of Immigration Appeals (B.I.A.), entered on October 15, 2010 denying respondent’s motion to reopen, (the order also denies Appellant’s motion to reconsider because it was untimely filed – Appellant does not appeal this portion of the decision). A copy of said B.I.A. decision is attached hereto as Exhibit “A" and by reference made a part hereof. Appellant will supplement this Petition for Review with a brief and attachments thereto.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US Mail to the Department of Homeland Security District Counsel’s Office at 80 N. Hughey Avenue, third Floor, Suite 310, Orlando, Florida 32081 and to the Office of the U.S. Attorney General, 950 Pennsylvania Avenue NW, Washington DC 25030-0001, this *.
Kyndra L. Mulder, Esquire FBN 629170
4110 Southpoint Blvd., Suite 101
Jacksonville, Florida 32216
Telephone (904) 296-7702