FINAL orders don't get entered in the Federal courts; they get entered after your decision from BIA. Also while you are in Federal court, you could be removed anytime; they don't have to wait for that decision to come. As far as filling with the BIA, its an automatic stay of removal when you file anything with Immigration courts. I got ordered removed by an immigration judge in 2005, I have been fighting my case through appeals and petitions ever since. I have filled within the time limits I could file. I haven't "absconded"/ "fugitive"... ICE did come and apprehended me in 2007. They said that as long as I don't show any signs that I'm gonna flee (abscond), they will let me fight my case; and they have.

in the Dream Act provision it says. THOSE WHO HAVE FINAL ORDERS WILL NOT BE ABLE TO APPLY, UNLESS ;

A) THE ORDER WAS ENTERED BEFORE THE ALIEN REACHED 16 YEARS OLD, OR

B) THE ALIEN HAS BEEN "UNDER THE COLOR OF LAW" EVER SINCE THAT ORDER WAS ISSUED, OR

C) FOR PURPOSE OF FAMILY UNITY OR FOR HUMANITARIAN PURPOSES.

As far as a case making it into supreme court, its almost impossible. Some people choose to fight their case, some people get tired with the expenses and just give up. Don't forget that the further you are down the line, the more expensive lawyers get for your desperation. I chose to stay and fight as much as I can because of a dear loved one that I don't want to lose. Plus because of the fact that I would get a bullet in the head if I express my American beliefs and Democratic views in my country. If i go there and try to enlighten people with what I learned in the U.S, they would be like "excuse me, are you saying we cannot govern our-self? traitor"...

good luck