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Chapter 8 - Review and Appeal

8.5 - Judicial Review of Final Agency Orders

(a) Judicial Review of Final Agency Orders in Cases Under INA §§ 274A and 274C

A person or entity adversely affected by a final agency order in cases under INA §§ 274A and 274C may file a petition for review of the final agency order in the United States Court of Appeals for the appropriate circuit within 45 days of the date of the final agency order.

(b) Judicial Review of Final Agency Orders in Cases Under INA § 274B

Any person aggrieved by a final agency order in cases under INA § 274B may file a petition for review of the final agency order in the appropriate United States Court of Appeals for the appropriate circuit within 60 days of the date of the final agency order. The appropriate circuit is the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business. See 28 C.F.R. § 68.57.