If you have received a negative determination involving an immigration matter, you may be able to appeal the decision to the United States Board of Immigration Appeals (BIA or Board). The BIA is a component of the Executive Office for Immigration Review (EOIR) and is the highest administrative authority for interpreting and applying U.S. immigration laws. The Board holds nationwide jurisdiction to hear appeals from the orders of Immigration Judges and certain Department of Homeland Security (DHS) decisions. The BIA also provides guidance to Immigration Judges, DHS and the public through published decisions. The Board’s office is located in the EOIR headquarters in Falls Church, Virginia.
The BIA generally hears appeals involving removal orders and applications for relief from removal. The Board also handles other types of cases, including:
If you are planning to appeal the decision of an immigration judge, you must generally file a Notice of Appeal with the BIA within 30 days of the decision. This is a strict deadline; if you fail to file the Notice of Appeal within the 30 day time limit, your appeal will be dismissed.
In addition to making a timely filing, it is important that you state the specific grounds for your appeal clearly and sufficiently in the Notice of Appeal, or you risk your appeal being summarily dismissed. In order to help prevent such a dismissal, you should seek the assistance of a skilled Maryland immigration appeals lawyer to help you prepare and file your Notice of Appeal.
Properly filing a Notice of Appeal will automatically “stay” a removal order issued by an immigration judge until the BIA reaches a final decision in your case. A “stay” is a temporary postponement.
In most situations your case will be decided by the BIA through a paper review: the BIA generally does not grant oral arguments of appealed cases. Decisions made by the BIA are binding on the immigration judges, unless the Attorney General or a federal court modifies or overrules the BIA’s decision. In most cases, the decisions made by the BIA are subject to review by the federal courts.
If you have received an unfavorable determination from an immigration judge, Miranda & Weisman can help. Our skilled legal team provides comprehensive legal counsel and representation to individuals dealing with all types of immigration matters. We have an extensive understanding of how the Board of Immigration Appeals operates and we will work with you to help you challenge a negative immigration decision.
Our Maryland immigration appeals lawyers are caring and compassionate and will take the time to fully understand your specific situation. We will always answer your questions and make certain that you are kept apprised of everything that is happening throughout the entire course of your appeal.
You can reach us online, or by calling 410-321-4994.