Appeals to the Board of Immigration Appeals (BIA)
If the immigration judge denies an individual’s request for relief from removal, s/he may appeal the judge’s decision to the U.S. Board of Immigration Appeals (BIA) in Falls Church, Virginia.
An individual MUST file the appeal within thirty (30) days of the immigration judge’s final order or thirty-three (33) days if the judge’s decision was mailed. The notice of appeal must be received by the Board of Immigration Appeals by the deadline. The Board of Immigration Appeals will not accept the appeal request if the U.S. Postal Service fails to deliver the appeal on time.
The notice of appeal must be specific about the reasons the individual believes the judge’s decision was wrong. If the notice of appeal is not specific, the BIA can dismiss the appeal. Once the notice of appeal is filed, the immigration court prepares a transcript of the proceedings before the immigration judge and mails it to the attorney-of-record or the individual, if s/he is not represented by counsel.
The attorney-of-record is also given a schedule for the brief requirement. The brief is a legal document where the individual and his/her attorney detail in an argument why the judge’s decision was wrong.
If indicated on the notice of appeal that the individual intends to submit a brief and fails to do so by the deadline set by the BIA, the appeal may be dismissed.
An individual is allowed to remain in the United States while his/her appeal is pending. If the individual leaves the United States while the appeal is pending, the appeal is dismissed.
If an appeal is denied by the BIA, the individual may be able to request a review of the BIA’s decision by filing a Petition for Review with the U.S. Circuit Court of Appeals with jurisdiction over the region where the immigration court that issued the order of removal is located.