BIA – Board of Immigration Appeals

BIA Immigration Appeals

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying U.S. immigration laws. If you have received a negative decision on your immigration case, you may have the option to appeal to the BIA.

The BIA handles various types of appeals, including:

  • Decisions made by immigration judges in removal (deportation) proceedings

  • Decisions on applications for relief from removal, such as asylum or cancellation of removal

  • Certain decisions made by USCIS officers

  • Motions to reopen or reconsider previous BIA decisions

The appeal process involves submitting a written brief outlining the legal errors in the initial decision, and in some cases, the BIA may request oral arguments. It is crucial to have experienced legal representation during this process to ensure your arguments are effectively presented.

For personalized guidance on your immigration appeal, contact our office today at (781) 596-0151.

Filing an Appeal

To begin the appeal process, a Notice of Appeal (Form EOIR-26) must be filed within 30 days of the immigration judge’s decision. This form must be completed accurately and accompanied by the required fee or a fee waiver request.

What to Expect During the Appeal Process

Once the appeal is filed, the BIA will review the case record, including the immigration judge’s decision and any evidence submitted. The appellant may submit a written brief detailing the legal errors and supporting arguments. The opposing party may also file a brief in response.

The BIA may make a decision based on the written briefs alone or may schedule oral arguments. In either case, having a knowledgeable Lynn immigration attorney can significantly impact the outcome of your appeal.

Don’t navigate the complexities of the BIA appeal process alone. Contact Bos Legal today for expert assistance.