Seventh Circuit: After Riley, the 30-Day Clock Runs Early, but It Is Not Jurisdictional

After Riley v. Bondi, reinstatement cases demand an early petition; equitable tolling saved those who relied on old law.

Yellow icon of the Emeriti Law PLLC
Yellow Circle Frame
Emeriti Law PLLC single logo yellow

The decision. In E.E.V. v. Blanche, No. 25-2256 (7th Cir. July 6, 2026), the Seventh Circuit denied the government's motions to dismiss petitions for review filed by noncitizens in reinstatement proceedings who seek withholding of removal and protection under the Convention Against Torture. Under Riley v. Bondi, 606 U.S. 259 (2025), the 30-day deadline now runs from the reinstated removal order rather than the end of withholding-only proceedings; the Seventh Circuit's prior precedent had told petitioners to wait. The court held the deadline is a claims-processing rule, not a jurisdictional bar, and that equitable tolling protects those who reasonably relied on the old rule.

What it means. File the petition for review within 30 days of the reinstatement or final administrative order, even while withholding-only proceedings continue. Tolling rescued petitioners caught by the change in law; it will not rescue anyone who misses the window now that Riley is settled.

The limits. The decision binds in the Seventh Circuit, whose cases arise from the Chicago Immigration Court, and equitable tolling remains fact-bound. The safe practice is the early petition, everywhere.

Case Law Watch is Emeriti Law's weekly note on decisions that matter for immigration appeals. Our appellate practice briefs these questions before the Board of Immigration Appeals. This note is general information, not legal advice.

Aerial view of the South Texas Family Residential Center in Dilley, Texas
South Texas Family Residential Center, Dilley, Texas
Blue icon of the Emeriti Law PLLC

Your case deserves to be heard.

Emeriti Law was built on the premise that every client — whether a hospital system managing enforcement risk or an individual who never had the chance to present their case — deserves counsel that understands the system well enough to make sure their position is heard.

Our attorneys spent decades deciding cases from the bench. They know what it takes to build a record that holds up, frame an argument that reaches the decision-maker, and present a case with the precision the forum requires. That is the standard we bring to every matter.

Attorney & Institutional Inquiry

For General Counsels & Referring Firms
INQUIRE NOW
Co-counsel engagements, organizational counsel, appellate representation, worksite enforcement defense, and expert consultation on immigration consequences.
Yellow icon of the Emeriti Law PLLC

Individual Consultations

For Individuals & Families
Schedule Consultation
Appellate representation for individuals in removal proceedings, BIA appeals, motions to reopen, and direct representation in complex removal matters.