Immigration Blog

December 11, 2019

I Lost At Immigration Court: Now What? APPEAL

Immigration Court

Board Of Immigration Appeals (BIA)
You must Appeal from the decision of the Immigration Court (EOIR – Executive Office of Immigration Appeals) with the Board Of Immigration Appeals (BIA) Within 30 days of the Immigration Judge’s Decision. Typically, the Immigration Judge will write the date the appeal is due with the BIA on the bottom of the Immigration Judge’s order. This date is the date the Notice of Appeal (EOIR Form 26) will be due at the Board Of Immigration Appeals in Virginia. You may find the form here: https://www.justice.gov/eoir/list-downloadable-eoir-forms

So don’t wait until the last minute to Appeal—send your notice of appeal early to make certain it arrives on time. We also recommend mailing the appeal via UPS or Fed Ex – when using one of these carriers, make sure to use the street address of the BIA (Board of Immigration Appeals).

How much does it cost to file an appeal with the BIA? $110. The check or money order should be made payable to the United States Department of Justice.

What is the BIA (Board of Immigration Appeals) street address? BIA, 5107 Leesburg Pike, Ste. 2000, Falls Church, VA 22041

What form do I use to appeal an Immigration Judge’s Decision? Form EOIR 26. You may find the link to this form at https://www.justice.gov/eoir/list-downloadable-eoir-forms

What benefit do I get when I appeal with the Board of Immigration Appeals?

1. There will be an automatic stay of removal (ICE can’t deport you) while your BIA appeal is pending. Carry the receipt you proving that you have appealed with you in case you are stopped by ICE.

2. You will be able to argue your case, typically by written legal brief, before the Board Of Immigration Appeals with the evidence presented at your Immigration Court hearing.

3. If you received a work permit while your case was pending with the Immigration Court (EOIR), you will likely be able to renew your work permit while your BIA (Board of Immigration Appeals) appeal is pending.

4. How long are appeals taking? Currently in December 2019, we are seeing longer wait times for a decision. Right now, appeals at the BIA are taking 1.5 to 2 years.

5. Should I hire a lawyer? Appeals with the Board of Immigration appeals require legal arguments. For your best chance at winning an appeal (which isn’t easy), it’s best to hire an experienced deportation lawyer/immigration appeal lawyer. The arguments are complex and knowing the law is important. While a lawyer is not required, for your best chances to win your appeal, you should hire a lawyer.

WHAT IF MY APPEAL WITH THE BOARD OF IMMIGRATION APPEALS IS DISMISSED (DENIED)

1. The next court you may file an appeal with is the Federal Circuit Court of Appeals that has jurisdiction over the Immigration Court (Executive Office Of Immigration Review). The Ninth Circuit Court of Appeals has jurisdiction over California, Oregon, Washington, Alaska, Arizona, Hawaii, Idaho, Montana and Nevada.

2. Your appeal from the Board of Immigration Appeals must be filed with the Federal Circuit Court of Appeals within 30 days.

3. A Stay of Removal is not automatic so you must request this stay with your Petition for Appeal.

4. It costs $500 for the filing fee at the Federal Circuit Court of Appeals and the payment is either paid by credit card or made out to the Clerk of the Court.

5. You may use this form to file a Petition for Review at the 9th Circuit Court of Appeals: https://cdn.ca9.uscourts.gov/datastore/uploads/forms/form03.pdf

6. How long do Petitions for Review take at the Ninth Circuit Court of Appeals? Currently in December 2019, it is taking at least one year to receive a decision & in most cases we are seeing decisions take 2-3 years. The longest wait time we have ever seen is 7 years.

While you may file your Petition for Review yourself (an attorney is not required), we recommend getting an attorney. The 9th Circuit Court’s processes, procedures and legal arguments require knowledge and experience. For your best chance at winning with the Ninth Circuit Court of Appeals, you should hire an attorney.

I have over 20 years of experience and have handled hundreds of cases before the Executive Office of Immigration Appeals, Board of Immigration Appeals, and the Ninth Circuit Court of Appeals. We have a team that approaches each case with passion and dedication to do the best for our clients. We are a firm that only practices immigration law.