Appeals – Board of Immigration Appeals

An adverse decision in a removal or bond case can be appealed to the Board of Immigration Appeals. The Board of Immigration Appeals is located in Falls Church, Virginia.

An appeal is due 30 days from the court’s decision. Most appeals are resolved through the briefs. 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.

I-130 denials can also be appealed to the Board of Immigration Appeals. The procedure is a little different than with a removal decision since the appeal is initially filed with USCIS and then transmitted to the Board.

At MJB Immigration, we handle immigration appeals. Mr. Bratton is an experienced appellate litigator who has successfully handled appeals at the Board of Immigration Appeals on many different issues including removability determinations, evidentiary issues, I-130 denials, and denials of relief applications. In 2019-2020, Mr. Bratton was also on the American Immigration Lawyers Association’s (“AILA”) on-line removal defense education committee where he worked with other experienced immigration practitioners to create the AILA Removal Defense Online Course. Mr. Bratton created the module on appeals, which included coming up with the curriculum and course materials, doing two videos (Filing the Notice of Appeal with the Board of Immigration Appeals and Appealing an Adverse Decision in a Removal Case), and overseeing the other videos that were a part of the module.