Appeals to the BIA

The BIA is an agency within the United States Department of Justice that hears immigration appeals. They can reverse immigration decisions or choose to affirm them depending on the appeal. The Board of Immigration Appeals reviews appeals from:

• U.S. Citizen and Immigration Services (USCIS)

• U.S. Immigration and Customs Enforcement (ICE)

• U.S. Immigration Courts

The BIA consists of up to 21 judges, each of whom are appointed by the U.S. Attorney General. They are the highest immigration authority in the country next to either the Attorney General or a Federal Court.

How to Submit

To prepare for your appeal, talk with an immigration attorney. You should submit a summary of your case with the provided forms. Also, send any documents that may help support your point of view. A good immigration attorney will secure these for you and help build the best case possible for your situation.The appeal rarely happens in a courtroom. Instead, the appeal is conducted by submitting a form to:

Board of Immigration Appeals

Office of the Chief Clerk

5107 Leesburg Pike, Ste 2000

Falls Church, VA 22041

Along with the forms and fees, you must submit a certificate of service. The certificate will let the court know that you are appealing the decision. The certificate should also be sent via Certified Mail with a Return Receipt.

Forms

Form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge)

Form EOIR-26A (if you cannot afford fees for EOIR-26)

Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer)

Fees

Form EOIR-26 – $110

Form EOIR-29 – $110

How does the appeals process work?

The appeal process will more than likely happen in writing by a single judge. On rare occasions, there are three judges who will preside over the appeal.When the forms are received, you will be given a receipt confirming that the BIA received your documents.Once you have gotten the receipt, a briefing will be set where you and your immigration attorney can file an opening brief within 30 days. The opposing side will do the same.The appeals process will continue via mail correspondence unless you and your attorneys are called to oral arguments before the Board.

Being called to be physically present in front of the BIA is rare and will more than likely not happen.The Board of Immigration Appeals has prepared a manual that guides people and attorneys through the act of preparation. If you are representing someone in the appeals process, the manual is an essential window to the law.

When can I file?

You must submit an appeal within 30 days of the ruling from your immigration court hearing. The appeal must be received within this time. Anyone that wishes to file an appeal must act soon after their filing.The 30-day limit includes weekends and holidays. It does not function as 30 business days.If your notice of appeal is received late by the BIA, then the appeal will not be accepted. If your post is delivered late but was submitted by you on time, the appeal will not be accepted.

Do you want to file an appeal?

Talk with the lawyers at Salmon-Haas. They are immigration attorneys in San Antonio, TX that have dealt with issues relating to appeals, motions to reopen, temporary work visas, and more. Your options may not have to end once an immigration judge has issued a removal order. Salmon-Haas will work with you to provide any possible options. Contact them now and get started.