The Supreme Court has determined that the 30-day petition for review deadline is not jurisdictional, but rather, a claims processing rule. In cases involving administrative removal orders (and likely also reinstatement orders), the 30 day timeliness is measured from the issuance of the ICE order, rather than from any dismissal of withholding and CAT applications by the Board of Immigration Appeals. “An order denying relief under the CAT is not a final order of removal and does not affect the validity of a previously issued order of removal or render that order non-final.”
In terms of how a non-citizen will be able to get review of the denial of withholding and CAT, the Supreme Court suggested the following: “the Government can inform aliens of the need to file a petition within 30 days after the issuance of a FARO, and it can alert the court of appeals to the pendency of a withholding-only proceeding so that review there can wait until that issue is decided. And if requests for withholding of removal in cases like Riley’s are decided expeditiously—and that was the whole point of the supposedly streamlined procedure adopted by Congress to effect the quick removal of dangerous aliens—petitions for review of removal orders should not linger long on a court of appeals docket before the withholding issue is ready for review. Finally, if Government makes a general practice of what it has done in Riley’s case, i.e., declining to press for enforcement of the 30-day filing rule, aliens who are mistaken about when a petition for review must be filed will not be hurt.”
The full text of Riley v. Bondi can be found here:
https://www.supremecourt.gov/opinions/24pdf/23-1270_new_3dq3.pdf