Appeals

Immigration Appeals

An unfavorable decision in an immigration matter is not always the end of the road. Decisions issued by an Immigration Judge or by U.S. Citizenship and Immigration Services (USCIS) can often be appealed. Appeal deadlines are strict and short: an appeal to the Board of Immigration Appeals (BIA) is generally due within 30 calendar days of the decision, and similar time limits apply to petitions for review filed with the federal courts of appeals. Missing a deadline usually ends the opportunity to appeal.

Where an appeal goes depends on which decision is being challenged. Many appeals from Immigration Court decisions go to the Board of Immigration Appeals; certain decisions can then be pressed onward to the federal courts of appeals. The process generally involves written briefs submitted on behalf of the client, the administrative record of the proceedings below, and oral argument where it is available or warranted.

Act Quickly

Appeal deadlines are measured in days, not months, and a missed deadline generally cannot be undone. If you have received an unfavorable decision, bring the decision paperwork with you to a consultation as early as possible so the available options and the applicable deadlines can be reviewed before they run out.