In immigration appeals processes, if the decision is negative, it means that the Judge ordered your removal or deportation. If this happens, you have 30 days to appeal the decision to the Board of Immigration Appeals.
Your appeal has to be physically there by the 30th or it will be late. BE VERY CAREFUL WITH THIS POINT. Instead of appealing, you can file a motion to reconsider within 30 days or a motion to reopen within 90 days. The decision on which way to go should be made with your lawyer, as your rights will be affected by it.
During the appeal, an immigration attorney will be able to argue why the decision should be different in your case. He or she may do this by writing a “summary” that discusses the legal arguments in your case.
The Board of Immigration Appeals is part of the Department of Justice’s Executive Office for Immigration Review.
It is located in Falls Church, Virginia and all appeals of an immigration judge’s decision go there if the appeal is reserved.
An appeal of an immigration judge’s decision must be filed within 30 days of its issuance. This means that the appeal itself has to be there, physically at the BIA, by the 30th day.
An initial form is sent to the Board notifying it that you intend to appeal the immigration judges’ decision. He is accompanied by a money order and must explain the reasons why he is appealing.
Once your appeal is received, the BIA will send you a receipt notice letting you know your appeal was filed and when he must file a brief in your case.
The most important part of an appeal to the Board of Immigration Appeals is the writing. In it you will tell the Board why you think the immigration judge made a mistake and why it should be corrected.
It must include the facts, the standard of review, the issues involved and your argument, what and why, if any.
Generally, an appeal takes about 1 year to resolve (less if you are in custody). Once you have a decision, several things can happen.
If it is an immigration emergency (you or a family member is detained or is about to be deported please text us at any time here).
Remember you and your family have rights, but so do all government officials – being polite and courteous will take you a long way in letting ice officers know you want to have a lawyer present for any interrogation.
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