Appeals – Board of Immigration Appeals
An adverse decision in a removal or bond case can be appealed to the Board of Immigration Appeals (“BIA”), which is located in Falls Church, Virginia. Denials of I-130 petitions by USCIS can also be appealed to the BIA. An appeal must be received no later than 30 days from the court/USCIS’s decision.
Most appeals are resolved through the submission and evaluation of written legal arguments (“briefs”). These briefs must discuss the applicable law and facts and fully address any errors that were made by the court or USCIS. Therefore, it is very important to have an experienced immigration lawyer handle the appeal and prepare a thorough brief addressing all legal challenges to the decision.