Understanding your options and deadlines for appealing an unfavorable decision from Immigration Court can be crucial. Here’s a comprehensive guide on the timelines and processes involved in filing a Notice of Appeal with the Board of Immigration Appeals (BIA) specifically for Immigration Court appeals.
Immigration Court Appeals
For appeals from Immigration Court decisions, you also have 30 days from the date you are served a decision to file a Notice of Appeal with the Board, with an extra 3 days if you receive the decision by mail. The Notice of Appeals for these cases is Form EOIR-26.
Important Details to Remember:
- Date of Service: The date of service is when the Court sends out 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 Board’s Clerk’s Office in Falls Church, VA, or the appropriate DHS Office by 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?
After your appeal is received, the Board will issue a scheduling order with a deadline for filing your brief. For Immigration Court appeals, you can usually request one continuance, extending the deadline by about three weeks. For DHS appeals, there are no extensions, and DHS will coordinate the briefing.
Detained vs. Non-Detained Cases:
- Detained Cases: Typically receive scheduling orders within a few weeks, and the Board usually takes a few months to issue a decision.
- Non-Detained Cases: Can wait years for a scheduling order and decision from the Board.
Your brief must follow the instructions in the Board of Immigration Appeals Practice Manual. The Board’s decision will be sent to you and your attorney.
What Can I Do if the Board Dismisses My Appeal?
If the Board dismisses your appeal, you may appeal to the United States Court of Appeals for your jurisdiction, especially for cases involving legal and constitutional questions. Discretionary decisions can be appealed only if there are legal or constitutional errors.
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-26 Notice of Appeal From Immigration Court
- Board of Immigration Appeals General Information
- Board of Immigration Appeals Practice Manual
We Can Help!
If you have questions regarding a Immigration Court 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)
