How to Appeal An Immigration Judge's Decision

How to Appeal An Immigration Judge's Decision

If you receive an unfavorable decision by an immigration judge while in removal proceedings, you have the right to appeal that decision. The appeal is normally filed with the Board of Immigration Appeals (BIA). The BIA will then review the decision to determine if the immigration judge erred in his/her decision.

To file an appeal of an immigration judge’s decision with the BIA, you must file Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. If you have an attorney, Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals must also be filed. These documents must be received by the BIA within 30 days of the immigration judge’s final decision. Late filings will not be accepted.

You may include your argument for appeal in the form of a brief and supporting evidence, with your initial filing. However, you are not required to do so. If you need additional time to prepare your argument, you may indicate your intent to file a brief at a later time on your Notice of Appeal. The BIA will then send you a briefing schedule, with a due date for the brief, which is normally 30 days. You must also include a filing fee with your Notice of Appeal, which is currently $110 and must be made payable to the “United States Department of Justice.”

Your Notice of Appeal must be mailed to the following address:

Board of Immigration Appeals

Clerk’s Office

5107 Leesburg Pike, Suite 2000

Falls Church, VA 22041

You may also request an oral argument in addition to the written evidence you provide; however, the BIA has discretion on whether to grant oral argument. That is why it is very important to make your written appeal as strong as possible.

When you file your appeal, you must also serve the other party, in this case the government, with a copy of your appeal. They will then be given the opportunity to file a response. Once the BIA has reviewed all the documents related to your appeal, they will issue a decision, which can take months and sometimes years to receive. If your appeal is denied by the BIA, you may ask a federal court to review their decision.

Because of the complicated and confusing nature of appeals, it is always best to consult with an immigration attorney to determine what is best for your case. This will save you time and money in the long run and will help ensure the best possible outcome.

For more information regarding immigration appeals, or other complex immigration court matters, please contact our Deportation Defense Attorneys at Landerholm Immigration, APC.

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