Appealing The Decision Of An Immigration Judge
If you have lost your deportation case and an immigration judge has ordered your removal, you have the right to appeal that decision. If you have not waived your right to appeal and the time for appeal has not run out, you can appeal the immigration judge's decision to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the date of the immigration judge's decision.
Board Of Immigration Appeals (BIA)
The Board of Immigration Appeals (BIA) is the highest administrative body in the matter of interpretation and application of Immigration laws in the United States. BIA has been given nationwide jurisdiction. The main job of BIA is to review the decisions of immigration judges. It has jurisdiction to review certain decisions of the Department of Homeland Security (DHS) and other matters.
The BIA is located at EOIR headquarters in Falls Church, Virginia. BIA consists of 23 Appellate Immigration Judges, including a Chairman and up to two Vice-Chairmen. Generally, the majority of the cases are adjudicated by a single board member. However, under certain citations, a panel of three board members is also to adjudicate matters before it.
Paperwork And BIA Procedure
BIA proceedings are different from normal courtroom proceedings. The procedures are governed by a BIA practice manual. The cases are not adjudicated based on the hearing of the parties, rather decided by conducting a paper review of cases. Only on rare occasions, BIA may hear oral arguments from the parties at its headquarters.
In order to appeal the decision of the Immigration Judge, the aggrieved party must complete and file Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Along with the form, a fee amounting to $110.00 is also payable to the “US Department of Justice”. You may also apply for a fee waiver if you cannot pay. The BIA must receive your Notice of Appeal and $110 fee or Fee Waiver Request within 30 days of the Immigration Judge's decision. You have to send your Notice of Appeal and Fee Waiver Request to:
Board of Immigration Appeals Office of the Clerk
P.O. Box 8530
Falls Church, VA 22041
Status Pending Appeal
During the pendency of an appeal before the BIA, you have the right to stay in the U.S. despite the decision of the immigration judge. This is an automatic process, and you cannot be deported while you wait for the BIA decision.
Immigration Appeal Lawyers In Arizona
Appeal before the BIA is complicated and it is best for your interest to take help from an experienced attorney. And because of the time limitation, contact an attorney immediately after the decision of the immigration judge. An experienced attorney will identify the merits in your case and advise you regarding your chances of winning an appeal.
Immigration Appeal Attorney In Arizona
At Rose Law Group, pc, our Immigration team is dedicated to helping and representing you. The first step in this process is for us to understand your case. Our goal is to take the time needed to understand your situation inside and out so that we can put you in the best position possible. After your free consultation, you will have a better understanding of the next steps you need to take regarding your case. BIA appeals are very technical in nature and require a person who is detail oriented. Our attorneys work with the clients on a personal level and guide them through the technical process.
We provide a free confidential consultation. It is important to us that you understand where you stand in your business situation. Schedule your free consultation today by filling out the form below.
The information you obtain at this site is not, nor is it intended to be, legal advice. Rose Law Group lawyers are licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.