BIA appeals
Appeals to the Board of Immigration Appeals
Apelaciones ante la BIA
A judge's decision is not always the last word. If you lost in immigration court, you usually have 30 days to appeal. Call us now, not on day 29.
This page is for you if
- An immigration judge denied your case in the last 30 days
- You believe the judge made a legal mistake or did not hear your evidence
- You were ordered removed without a hearing and want to reopen
- The Board ruled against you and you want to know about federal court
In plain words
The Board of Immigration Appeals, or BIA, reviews decisions made by immigration judges. In most cases the notice of appeal must reach the Board within 30 days of the judge's decision. Missing that date usually ends the appeal before it starts.
An appeal is not a new hearing. The Board reads the record and the written arguments. A good appeal finds the specific legal errors and shows why they matter.
If the Board rules against you, some cases can go to a federal court of appeals. For people in North Carolina, that is the Fourth Circuit. That deadline is also short.
How it works with us
- 1 Get the decision and the record We read the judge's decision and request the hearing transcript.
- 2 File the notice of appeal On time, with the reasons stated clearly. This is the step that cannot wait.
- 3 Write the brief The legal argument, built from the record, the law, and recent decisions.
- 4 Ask for a stay if needed Most appeals pause removal automatically. If not, we ask for a stay.
- 5 The decision, and the next road If we lose, we tell you plainly whether federal court or a motion to reopen makes sense.
Start gathering
What to bring to your evaluation
- The judge's written decision, or the date of the oral decision
- Everything that was filed in your case
- The name of your previous lawyer, if you had one
Copies or phone photos are fine. Never mail us your only original.
The honest part
What we will not pretend
- Most appeals to the Board are not successful. We take appeals where we see a real legal issue, and we tell you when we do not.
- Appeals can take many months, sometimes more than a year.
- If your earlier lawyer made serious mistakes, that can be its own argument, but it has strict requirements.
Questions people ask us
All questionsCan I be deported while my appeal is pending?
For most appeals of a judge's decision in removal proceedings, removal is paused while the Board decides. There are exceptions, so we check your case right away.
Can I change lawyers for the appeal?
Yes. Many of our appeal clients had a different lawyer, or no lawyer, in immigration court.
Can I add new evidence on appeal?
Generally the Board decides on the record from the hearing. New evidence usually needs a motion to remand or reopen, which has its own rules.
This page is general information, not legal advice for your situation. Immigration law changes often. Talk to a lawyer about your own facts before you act.
Often part of the same case
Free case evaluation
Talk to a lawyer about your appeal.
The first 30-minute case evaluation is free, by phone, video or in person, in English or Spanish.
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