The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. It reviews decisions made by immigration judges and Department of Homeland Security officials.
The Matemu Law Office, P.C. represents clients throughout the entire immigration process, including appeals to the courts and administrative agencies regarding denials of applications for visas or immigration benefits, deportation orders and more.
Procedure for Immigration Appeals
The first step in appealing against an unfavorable decision by the Immigration Judge is to file your Notice of Appeal within 30 days of the decision. This is usually done with an EOIR-26 Notice of Appeal or Motion, which is filed with the Board of Immigration Appeals (BIA).
The next step is to file a detailed brief explaining why the BIA should reverse the decision you are seeking to have changed. Usually, the appeal is decided on the briefs without oral argument being required, unless the issue is particularly complex, important or unusual.
The grounds for review of an Immigration Judge’s decision are narrow and limited to questions such as whether the Judge made an error of law or procedure, abused its discretion or violated your constitutional rights in its initial decision. An appeal is not an opportunity to have the case heard again.
If you are appealing a judgment from a legal proceeding, such as a bond hearing or deportation/removal case, it is important to reserve your appeal immediately and then make sure your Notice of Appeal is prepared and filed within a timely fashion. In these matters, an EOIR 26 Notice of Appeal must be filed with the BIA within 30 days of the decision, before the
Appeals can be very complicated, but your success depends upon selecting the right procedure and preparing your case completely, accurately and persuasively. Choosing a knowledgeable and experienced immigration attorney to represent you increases the likelihood that your appeal will be heard in a timely fashion.
Experienced New York Immigration Attorney for Your Immigration Appeals
The appeals process may not be your only option or even the best choice in your case. In some instances, it may be desirable instead to file a motion to reopen or reconsider an unfavorable decision. Facts supporting such a motion may include the discovery of new evidence or changed circumstances that affect your case. There may also be new legal arguments to make as well, if the previous decision was made incorrectly.
An experienced immigration attorney will be able to analyze your situation and advise you on your best options to appeal an unfavorable ruling. In New York City, contact Matemu Law Office, P.C. for sound advice and professional assistance.