Filing the Record for Review or Enforcement of an Agency Order

(a) Immigration Case. On petition for review in immigration matters, the Executive Office for Immigration Review must transmit the record to this court within 40 days after the filing of the petition for review. (b) Other Agency Case. On petition for review or on direct appeal of any other agency action, the agency must transmit a certified list of the contents of the administrative record to the court within 40 days after the filing of the petition for review or direct appeal, unless the court issues a scheduling order establishing a different deadline; and should not transmit any other portion of the record to this court unless the court so requests.

See also Circuit Rule 47.1 (Matters Under Seal). Rule 17 Rule 18. Stay Pending Review (a) Motion for a Stay. (1) Initial Motion Before the Agency.

A petitioner must ordinarily move first before the agency for a stay pending review of its decision or order. (2) Motion in the Court of Appeals. A motion for a stay may be made to the court of appeals or one of its judges. (A) The motion must: (i) show that moving first before the agency would be impracticable; or (ii) state that, a motion having been made, the agency denied the motion or failed to afford the relief requested and state any reasons given by the agency for its action.

(B) The motion must also include: (i) the reasons for granting the relief requested and the facts relied on; (ii) originals or copies of affidavits or other sworn statements supporting facts subject to dispute; and (iii) relevant parts of the record. (C) The moving party must give reasonable notice of the motion to all parties. (D) The motion must be filed with the circuit clerk and normally will be considered by a panel of the court. But in an exceptional case in which time requirements make that procedure impracticable, the motion may be made to and considered by a single judge.

(b) Bond. The court may condition relief on the filing of a bond or other appropriate security.