When an immigration judge rules against you, whether denying relief from removal, denying a bond request, or ordering removal outright, the Board of Immigration Appeals is generally the next stop. BIA appeals are entirely paper-based, decided by a panel reviewing the immigration judge's decision and the existing record, which makes the written brief the entire case.
We've briefed BIA appeals across a range of issues, from pretermission and merits denials to DHS-initiated bond appeals, building arguments around governing case law like Matter of M-D-C-V-, Matter of Guerra, and Matter of Valles where the facts call for it. Deadlines in BIA practice are strict and largely non-negotiable, so timing is often as important as the substance of the argument.
Who This Helps
- Individuals whose asylum, cancellation of removal, or other relief application was denied by an immigration judge
- Individuals who received an unfavorable bond decision, or whose favorable bond decision DHS is appealing
- Respondents who believe the immigration judge made a legal or factual error in their case
- Clients who missed the standard 30-day appeal deadline and need to evaluate whether a late appeal or other remedy is available
- Individuals whose case involves a novel or unsettled legal question suited for BIA precedent
- Clients needing an emergency stay of removal while an appeal is pending
How We Handle These Cases
Notice of Appeal (Form EOIR-26)
We file the Notice of Appeal within the strict 30-day deadline from the immigration judge's decision, missing this deadline generally forfeits the right to appeal.
Record & Transcript Review
We review the full hearing transcript and record to identify every viable legal and factual error for the brief.
Brief Preparation
We write a thorough appellate brief grounded in the governing statutes, regulations, and BIA and circuit court precedent that best supports your case.
Decision & Next Steps
If the BIA denies the appeal, we evaluate whether a petition for review to the circuit court of appeals, or a motion to reconsider or reopen, is the right next move.
Frequently Asked Questions
How long do I have to appeal an immigration judge's decision?
You generally have 30 calendar days from the date of the immigration judge's decision to file the Notice of Appeal. This deadline is jurisdictional in most circumstances, meaning the BIA lacks authority to accept a late appeal except in narrow situations.
Can I submit new evidence on a BIA appeal?
Generally no, the BIA reviews the existing record from the immigration court, not new evidence. If you have significant new evidence that wasn't available before, a motion to reopen (rather than an appeal) is usually the correct vehicle.
Can DHS appeal a decision that's favorable to me?
Yes. DHS can appeal an immigration judge's decision it disagrees with, including a bond grant or a grant of relief from removal, and we represent respondents defending those favorable decisions on appeal.
What happens if I lose at the BIA?
You may be able to file a petition for review with the applicable U.S. Circuit Court of Appeals, which is a separate federal court process with its own strict deadline, typically 30 days from the BIA's decision. We evaluate whether your case presents a viable basis for that next step.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.