When faced with an unfavorable decision in your immigration case, knowing your options and deadlines for appealing can be crucial. Here’s a review of the timelines and processes involved in filing a Notice of Appeal with the Board of Immigration Appeals (BIA) specifically for Department of Homeland Security (DHS) appeals.
DHS Appeals
Generally, you have 30 days from the date you are served a decision to file a Notice of Appeal with the Board. You get an additional three days if you receive the decision by mail. For some cases, such as the revocation of an approved application, the deadline is 15 days from the service of the decision (or 18 days if you receive the decision by mail). The Notice of Appeal for DHS appeals is Form EOIR-29.
Important Details to Remember:
- Date of Service: The date of service is when DHS sends you the decision, not when you receive it. This date is usually found at the bottom of the decision.
- Due Date: The due date for the Notice of Appeal is typically included in the decision.
- Submission Deadline: The Notice of Appeal must be received by the appropriate DHS Office listed in the decision by the closing time on the due date. Postmarking by the due date is insufficient.
- Submission Methods: The Notice of Appeal can be mailed or hand-delivered. Attorneys and Department of Justice Fully Accredited Representatives can file electronically.
- Fees: Any Notice of Appeal must include the appropriate fee or a fee waiver application.
If you do not file a Notice of Appeal or fail to follow the instructions, the original order becomes final.
What Happens After Filing a Notice of Appeal?
Once your Notice of Appeal is received, DHS will issue a scheduling order, giving you a deadline to file your brief. This brief must be submitted to the DHS Office where you filed the appeal or in accordance with the instructions in the decision. New evidence cannot be submitted, and most cases are decided based on the filed briefs without oral argument.
Brief Preparation:
- Follow the instructions outlined in the Board of Immigration Appeals Practice Manual.
- Upon decision, the Board will contact you and your attorney.
Conclusion
Filing an appeal with the Board of Immigration Appeals involves strict deadlines and detailed requirements. Understanding these can help ensure that your appeal is processed correctly. For more personalized assistance, consider consulting with an experienced immigration attorney.
Schedule a Consultation with an Immigration Lawyer
Citations
- EOIR-29 Notice of Appeal from the Department of Homeland Security
- Board of Immigration Appeals General Information
- Board of Immigration Appeals Practice Manual
We Can Help!
If you have questions regarding a DHS Appeal, We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
