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Board of Immigration Appeals

A denial from an Immigration Judge can feel final, although federal law usually gives you a chance to request a second look. At The Shulman Law Group, LLC, we handle appeals before the Board of Immigration Appeals and have filed hundreds for clients across the country.

Our attorneys also take cases to the U.S. Courts of Appeals when the Board rules against our clients. Many people come to us after another lawyer’s case ends in a denial, and we give those files a fresh, thorough review.

Understanding the Board of Immigration Appeals

The Board of Immigration Appeals (BIA) sits in Falls Church, Virginia, and serves as the highest administrative body for interpreting and applying U.S. immigration laws. The U.S. Attorney General appoints its Board Members, who act as appellate immigration judges. The BIA generally decides appeals through a paper review of the record and written legal briefs, and it holds oral arguments only in select cases.

The Board hears appeals from several types of decisions:

  • Immigration Judge rulings, including removal orders and denials of relief such as cancellation of removal
  • Certain decisions from Department of Homeland Security (DHS) officers, including some family-based visa petition denials
  • Bond and custody rulings in detention cases

Removal orders and applications for relief make up most cases on the Board’s docket. Many of these appeals grow out of deportation and removal defense proceedings or denied asylum and refugee claims.

After reviewing a case, the Board can take one of three actions:

  • Affirm: The Board upholds the Immigration Judge’s decision.
  • Reverse: The Board overturns the decision and rules in the applicant’s favor.
  • Remand: The Board sends the case back to the Immigration Judge for further proceedings or a new decision.

How an Immigration Lawyer Can Help With Board of Immigration Appeals Cases

Appeals leave little room for delay. You generally have only 30 days from the Immigration Judge’s decision to file a Notice of Appeal, and a missed deadline can end your chance at review. Appellate work also calls for different skills than a trial hearing, because success depends on written legal arguments grounded in the existing record.

Our attorneys guide appellants through every phase:

  • Record review: We study the hearing transcript, exhibits, and the judge’s decision to identify legal and factual errors.
  • Notice of Appeal: We file Form EOIR-26 on time and state specific grounds for the appeal.
  • Legal briefs: We draft persuasive briefs that cite statutes, regulations, and precedent decisions.
  • Stay protection: We explain how a timely appeal generally pauses removal and request stays when the situation calls for one.
  • Motions practice: We file motions to reopen, reconsider, or remand when new evidence or legal changes arise.
  • Alternative strategies: We explore options like prosecutorial discretion alongside the appeal when the facts allow.
  • Federal review: We petition the U.S. Court of Appeals when the BIA issues an unfavorable decision.
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Immigration Support From The Shulman Law Group, LLC

Our firm has submitted hundreds of appeals to the Board and achieved favorable outcomes in select cases before federal appellate courts. Clients often hire us after a denial under another attorney’s guidance. When we take on an appeal, clients can expect:

  • A candid assessment of the issues with the best odds on appeal
  • A review of prior counsel’s work, including possible ineffective assistance claims when the facts justify them
  • Regular updates on briefing deadlines and Board decisions
  • Continued representation on remand if the Board returns the case to Immigration Court

Our Elmwood Park, NJ office represents appellants whose cases began in immigration courts across New Jersey, New York, Pennsylvania, and beyond. Petitions for review from New Jersey immigration cases go to the U.S. Court of Appeals for the Third Circuit, and we prepare filings for that court and others nationwide.

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Move Forward With The Shulman Law Group, LLC

One unfavorable ruling does not have to end your immigration case. The 30-day appeal window starts on the date of the judge’s decision, so an early review of your file protects more of your options. Send us your Immigration Judge’s decision for an appeal review, and our attorneys will assess the grounds for a BIA appeal. You can also call 201-773-0100 to discuss your filing deadline with our team.

Frequently Asked Questions

You generally need to file the Notice of Appeal within 30 calendar days of the Immigration Judge’s decision. The BIA must receive the appeal by that deadline, so we recommend contacting an attorney well before the final week.

A timely appeal of an Immigration Judge’s removal order generally pauses removal until the Board decides the case. Exceptions exist, and a petition for review in federal court does not automatically stop removal, so we file stay requests when necessary.

The Board reviews the existing record and generally does not consider new evidence on appeal. When important new evidence surfaces, we can file a motion to remand or a motion to reopen to bring it before a judge.