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An adverse decision made by an Immigration Judge may be appealed to the Board of Immigration Appeals. The Board of Immigration Appeals is an agency within the Department of Justice, and it reviews all appeals filed in Immigration Court cases.
This appellate body has the power to review decisions of the Immigration Court and, in particular circumstances, of the Department of Homeland Security. The BIA is part of the Executive Office for Immigration Review, a division of the U.S. Department of Justice.
The appeal must be received by the Board of Immigration Appeals no later than 30 days after the Immigration Judge rules on the case. Once an appeal is filed, the foreign national has a chance to argue his or her case through a written legal brief but must comply with the deadlines issued by the Board. The brief must include all relevant facts and all legal arguments, with citation to the proper authority, in support of the person’s position. After the Board receives the written brief from each party, it issues a written decision either dismissing the appeal or remanding the case to the Immigration Judge for some additional action. These appeals can take up to 18 months or 2 years if the person is not in immigration custody and a person is permitted to remain in the United States while it is pending.
In some cases, if the Board of Immigration Appeals denies the appeal, the case can be brought before a Federal Court of Appeals for further review. The Immigration & Nationality Act limits the types of cases and issues that may be brought before the Courts of Appeals. If available, the Petition for Review must be filed within 30 days of the Board’s decision. Failure to timely file the Petition for Review will result in the court being stripped of the ability to hear the case. Both the foreign national, through his or her attorney, and the Department of Homeland Security must submit written briefs arguing their position. In addition, the Court of Appeals may provide the opportunity for the attorneys from each side to argue the case orally before a three-member panel of judges. These are very formal proceedings and are bound by a strict set of rules.
Our firm aggressively argues removal cases at all levels of the appellate process. We meet with our clients first to discuss at length the options and arguments available. In addition, we review any and all other opportunities to secure a person’s stay in the United States in addition to filing an appeal.
All appeals have deadlines. If you do not file the appeal by the deadline, you will not have the opportunity to do so later. Therefore, it is important to act quickly on any denied case. Kriezelman Burton & Associates, LLC has decades of experience handling cases before the Board of Immigration Appeals. We have argued cases ranging from asylum to visa petitions denied by the Department of Homeland Security in error. If you have a question regarding a case that you believe should be appealed, please contact our offices to schedule an appointment.
In general, you can file an appeal when:
An appeal must be received by the Board no more than 30 days after the Immigration Judge’s ruling. Missing this deadline bars your right to appeal.
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I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
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I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
The attorney is an excellent person and very professional. I am very grateful to the entire team—they are attentive to everything, and I consider her the best in all of the U.S. Thank you once again for everything.
Mr. Burton helped my mother with her case. He was always polite, clear, and always answered my questions in a professional and diligent manner. Our case ran smoothly, and we never ran into any issues. I also want to greatly thank the paralegal that also managed my case, Stephanie Nunez, she was always willing and very helpful with my mother, a genuinely good person. I will forever recommend Justin and…
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