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BIA Appeals

If you are called to immigration court, you are likely seeing a judge in the Department of Justice’s Executive Office for Immigration Review (EOIR).

If the judge denies your case, you usually have the right to appeal to the Board of Immigration Appeals (BIA).

If the judge grants your case but the U.S. government appeals it, you would also be arguing your case to the BIA.

Appeals must be filed AND received by the BIA within 30 days from the immigration judge’s. Late-filed appeals are not accepted. If the order was in writing, then the appeal needs to be received by the BIA and date stamped within 30 days of the date that the judge’s order was mail stamped. This 30 day period includes weekends and holidays, though if the 30th days is on a weekend or federal holiday, the first business day afterward is considered the 30th day.

BIA will then send you a receipt notice within two weeks.

If you said you would submit a brief, then a briefing schedule is set, and you have 30 days to file an opening brief. Opposing counsel receives 30 days to file a reply. In some cases, this period can be extended to 90 days. Then the BIA can review the submissions from both parties and make a decision on the appeal. This process can take anywhere from months to years to complete.

You have a right to stay in the U.S. as you await a BIA decision, even if a court has ordered you deported. However, if you leave the U.S. during the BIA process, your appeal will be canceled.

To schedule an initial consultation with us today, don't hesitate to contact us at (949) 478-4963.

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