7th Circuit: Riley deadline may be equitably tolled in CAT/withholding cases

On July 6, 2026, the U.S. Court of Appeals for the Seventh Circuit rejected the federal government’s request to dismiss certain petitions for review as “too late” in withholding-only and Convention Against Torture (CAT) cases.

The ruling matters because it explains how the Supreme Court’s Riley v. Bondi timing framework works when final removal orders have already issued—while withholding-only proceedings are still ongoing. The Seventh Circuit said the 30-day deadline can be equitably tolled on these facts, and it left the cases in abeyance while the administrative proceedings finish.

What Riley changed for judicial-review timing in withholding-only/CAT cases

In Riley v. Bondi, the Supreme Court held that the 30-day deadline to seek judicial review under 8 U.S.C. § 1252(b)(1) runs from the date of a “final administrative removal order,” even when withholding-only and CAT-related requests are still pending before immigration authorities.

The Supreme Court also held that this 30-day deadline is not jurisdictional. In practical terms, that leaves room for courts to consider equitable tolling arguments rather than treating a missed deadline as an automatic bar.

The Seventh Circuit’s July 6 decision (and the “late” timing details)

In E.E.V. and M.C.C.-G. v. Blanche (Nos. 25-2256 & 25-2268), the government moved to dismiss the petitions as untimely after Riley.

• E.E.V.: her reinstatement order was issued on August 27, 2015; she did not file her petition until July 24, 2025.
• M.C.C.-G.: her final administrative removal order was issued on May 12, 2025; she did not file her petition until July 26, 2025.

The Seventh Circuit held that, under Riley, equitable tolling could make these late petitions timely. The court also rejected the government’s broader attempts to limit judicial review of withholding-only/CAT protection claims.

Venue/transfer and what happens next

The court also denied the government’s request to transfer one of the petitions. And it ordered that the petitions for review will be held in abeyance while the agency issues final decisions in the petitioners’ withholding-only proceedings.

What to watch next (and why deadlines still matter)

This decision binds courts in the Seventh Circuit, but equitable tolling is fact-specific and not automatic. If you or an advocate are tracking withholding-only/CAT litigation after Riley, the key takeaway is procedural: missing the 30-day window does not necessarily end judicial review in every case—but “why it was missed” and what the parties relied on can be decisive.

Not legal advice.

Sources

• Seventh Circuit: E.E.V. and M.C.C.-G. v. Blanche (July 6, 2026)
• U.S. Supreme Court: Riley v. Bondi (June 26, 2025)