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 which 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.
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