Deportation Defense BIA Appeal

If you lose your immigration court case, you may appeal the decision to a higher agency known as the Board of Immigration Appeals (BIA).  The BIA is an administrative appellate body responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement.

Below are generally the types of cases that can be appealed to the BIA. Matters the BIA can review include, without limitation:

• Removal Orders
• Asylum
• Withholding of Removal
• Exclusion of aliens applying for admission to the U.S.
• Petitions to classify the status of alien relatives for the issuance of preference immigrant visas,
• Motions to Reopen and Reconsider Prior Decisions, and
• Denial of bond or parole.

The BIA also hears appeals of Department of Homeland Security (DHS) decisions concerning:

• Family-Based I-130 visa petitions;
• Waivers of Inadmissibility; and
• Some DHS administrative fines and penalties.

Filing Deadline

After receiving a denial of your case, you must file your appeal within 30 days of the decision, or else you waive the right to an appeal which subjects you to deportation.

Stay of Deportation

Once an appeal is filed with the BIA, the Immigration Judge’s removal order is stayed until the BIA issues a decision. This means, you could remain in the U.S. and will not be subject to deportation while your appeal is pending.

Process

To appeal to the BIA, you file Form EOIR-26 Notice of Appeal with a required fee of $100 to the BIA. After the filing of the appeal, you will receive a notice acknowledging the appeal was received. After filing the appeal, there is a long waiting period until the BIA issues the transcript and record of your case with a Notice of Briefing Schedule which requires either you, or the attorney of record, to submit a written brief containing the arguments as to why the decision was incorrect. Generally, it can take more than a year to receive the transcript and record of your case, as well as the briefing schedule. The BIA will give 21 days to submit the brief. Thereafter, the BIA will issue a decision within several months or years. The appeal process is done on paper and there will be no scheduled hearings or future appearances. 

Decision

If the BIA denies the appeal, you may be eligible to appeal the decision to a Federal Appellate Court within your district. If the BIA reverses the decision, generally your case will be remanded back to the Immigration Court with instructions to grant relief, or further explore the issues or errors made by the Immigration Judge. Upon remand, you may be required to appear before an Immigration Judge. 

If you need assistance with your BIA appeal, or would like more information, contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com