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How to use the Board of Immigration Appeals (BIA) to Appeal an Immigration Decision

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Going through the American immigration system can causes an incredible amount of stress and anxiety. From dealing with the uncertainty of deportation to not understanding complex legal language, many aspiring American citizens are left without proper representation in front of an immigration judge. Even worse, most immigrants are unaware they have the right to appeal a decision issued by an immigration judge. This page provides a thorough description of the Board of Immigration Appeals (BIA), as well explains how the Law Office of Eric Price can improve your chances for an approved BIA appeal.

What is the Board of Immigration Appeals?

As the highest ranking administrative organization for analyzing and implementing federal immigration laws, the BIA consists of 21 board members that include a chairman and Vice Chairman authorized to handle Board of Immigration Appeals decisions. BIA board members only listen to appeals presented from decisions rendered by immigration judges. If you want to appeal a decision made by the USCIC, you must submit an appeal to the Administrative Appeals Office (AAO). BIA cases are based on what is referred to as a paper review, which involves analyzing paper evidence to make an appeal immigration decision. It is important that anyone going through an immigration status appeal work with a licensed and experienced immigration appeal lawyer.

How Can I Submit an Appeal to the BIA?

To appeal a deportation order, you first have to attend an immigration court case. The immigration judge will issue a decision, which both the immigrant and the government have the right to appeal. If you receive an unfavorable ruling, the immigration judge will ask you whether you want to file an appeal. In the form of a legal brief, your immigration appeal lawyer will provide supporting evidence that documents your right to immigrate to the United States. The BIA will send your immigration appeal attorney a briefing schedule, which is usually completed before the end of 30 days.

What Decisions Can I Appeal to the BIA?

One of the most frequent questions we are asked at the Law Office of Eric Price concerns the type of decisions an immigrant can appeal to the BIA. Here is an extensive list of decision you are allowed to appeal:

  • Removal order
  • Deportation order
  • Exclusion order
  • Asylum decision
  • Denial of bond
  • Denial of parole
  • Motion to reconsider a prior decision
  • Withholding of deportation or removal
  • Alien status decision

In addition, the BIA responds to appeals made by the Department of Homeland Security concerning decisions made on family-based immigration petitions, as well as waiver of inadmissibility and several DHS administrative fines and penalties cases.

How Long Do I Have to File an Appeal?

You have 30 calendar days to appeal an immigration judge’s decision, such as if you appeal a deportation order. Remember that these are calendar days, not business days. Therefore, weekend days count towards the 30-day deadline to file an appeal. The BIA must receive the written appeal within 30 days, which means appeal letters postmarked within the 30 days, but not received by the BIA within 30 days, are no longer valid appeals. If the 30-day deadline falls on a weekend or a holiday, then the deadline for an appeal letter falls on the next business day. We recommend sending your appeal letter by overnight delivery or certified mail to ensure prompt delivery.

Required Paperwork and Filing Fees

To submit an appeal for the decision made by an immigration judge, you must submit form EOIR-26, which is the Notice of an Appeal from a Decision of an Immigration Judge. If you hire an immigration appeal lawyer, you also have to file Form EOIR-27. Form EOIR-27 stands for the Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Both documents also have a 30-day filing deadline. Late submission of either notice will result in your appeal being not accepted by the BIA.

What Happens When the BIA Receives My Appeal?

After receiving your appeal paperwork, the BIA sends a receipt of notice that confirms the organization has received an immigration appeal. If you do not receive the receipt notice within two weeks after sending the proper paperwork, you should contact the BIA to confirm receipt of the legal documents required to move your appeals case forward. You can call the BIA at 703-605-1007 or send a letter to the following address.

Board of Immigration Appeals
5107 Leesburg Pike
Falls Church, VA 20530

What Happens if I Lose at the Board of Immigration Appeals?

Your immigration appeal attorney will decide if you should appeal an unfavorable decision rendered by the BIA. All appeals made in response to unfavorable Board of Immigration Appeals decisions go to the 9th Circuit Court of Appeals. You have 30 days to appeals a BIA decision.

Contact Attorney Eric Price for Help!

You should not appeal an immigration judge’s decision, without having an accomplished immigration appeal lawyer in your legal corner. Eric Price has worked as an immigration attorney for the United States Immigration and Custom’s Enforcement (ICE) in Los Angeles for Presidents Barack Obama and George W. Bush. Eric has worked on more than 1,000 immigration appeals cases and he has a thorough knowledge of every facet of immigration law. Moreover, Eric Price has submitted numerous appeals to the BIA, as well as the Ninth Circuit Court of Appeals.
Contact LA’s top immigration lawyer today to ensure you receive the legal representation you deserve for appealing a BIA immigration decision.

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