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Decisions made by immigration judges are not always final. They may be appealed to the Board of Immigration Appeals (“BIA”). Once appealed, the BIA will review the case and may overturn any decision and/or return the case to be reconsidered. Either side (noncitizens or the government) may appeal a decision made by an immigration judge. Appealing a negative decision gives more time for an otherwise deportable noncitizen to fight his or her case.
At Skinner Law Firm our attorneys are prepared to fight for you beyond the outcome of any decision made in the Philadelphia Immigration Court, the York Immigration Court, or any other immigration court. Likewise, if you were unrepresented and received an unfavorable outcome, our immigration appeal lawyers can assist you through the appellate process.
Call us at (610) 436-1410 to schedule a consultation. We serve people throughout the Philadelphia and tristate area, including Berks, Bucks, Chester, Delaware, Lancaster, Montgomery and York Counties.
The Board of Immigration Appeals (“BIA”) is the appellate authority for most immigration decisions decided in immigration court. The Board consists of 15 people appointed by the U.S. Attorney General. The Board is headquartered in Falls Church, Virginia.
Most cases are decided by a single board member and do not require any in-person court hearings. However, the Board may decide a matter in a panel of three or by the entire board (called en banc) in one of six circumstances:
If the BIA denies your appeal, you may file a motion for reconsideration. You may also seek a review before the federal courts. It is important to note that strict deadlines and rules apply, and it is always in your best interest to obtain a skilled immigration attorney to assist you in the process.
If appealing a decision by an immigration judge, you must first file a Notice of Appeal no later than 30 days after the decision is rendered. The filing deadline is not when the Notice is mailed, but when it is received. If the Notice of Appeal contains mistakes it may be rejected—which may cause you to miss the filing deadline. If you were unrepresented in an unfavorable immigration decision, you should act quickly to obtain counsel to advise you on your appellate rights and to avoid missing the filing deadline.
Any evidence you want to be considered on appeal must have already been considered by an immigration judge. The Board will not review any new evidence, although it may remand the case back to the immigration court to hear new evidence.
All interactions between you and the Board must be in writing. If your case has been appealed, either by you or the government, you will never be required to attend a hearing or appear before the Board.
Either party may request oral argument at the onset of the appeal. The Board may grant such a request at its own discretion, although oral arguments are rarely held.
At Skinner Law Firm our immigration appeal lawyers are advocates before the BIA on any matter. If you have been subject to an unfavorable decision by an immigration judge, or if the government has appealed a favorable decision in your favor, you will want to obtain counsel immediately to protect your rights. We will fight for you before the BIA. Call us today at (610) 436-1410 to schedule a consultation.