How to Appeal a Decision of the Board of Immigration
An appeal to the Board of Immigration Appeals (BIA) can be filed when a person is not satisfied with the bond decision of the immigration judge, or when the court orders that person’s removal from the United States. The BIA, located in Falls Church, Virginia, has the authority to review and reevaluate the immigration judge’s final judgment, and to deliver a new decision.
Notice of Appeal: In order to appeal to the BIA, the party must reserve the right to appeal as soon as the judge gives the verdict. Once an individual reserves the right to appeal, a Notice of Appeal (NOA) must be filed within 30 days, from the date of the verdict. If a NOA hasn't been filed within 30 days, then the verdict of the judge becomes final. It is necessary to reserve the right to appeal in order to continue the case proceedings. If the party is uncertain whether to waive the appeal or not, the best choice is to reserve the right to appeal. The individual can then confirm or change the decision during the 30-day period. However, once the appeal is waived, that decision cannot be reversed later. When the person is detained, the appeal process may take three to six months, depending on the facts and circumstances of the case. The initial step in the appeal process is to file the NOA within 30 days time period. This is the primary step, which informs the BIA of the appeal. When creating the NOA, one should carefully follow the instructions in the form. It is advisable to check ‘NO’ where it asks whether the party wants to provide an oral argument and check ‘YES’ where it states that the party will provide a brief. Most importantly, a brief and precise paragraph on the reasons for the appeal should be provided, and the appeal form, fee waiver, and certificate of service must be signed. One copy should be kept, and the other should be sent to the government’s attorney.
Appellate Briefs: In general, the Board will send a copy of the record, the judge’s verdict, and a briefing schedule to the party. The briefing schedule establishes the time limit to write the brief. The party must send the brief to the board by the deadline. The party may ask for an extension of 21 days. The government will also be submitting a brief, and a copy will be sent to the party. The Board will evaluate and review the briefs, and will provide a final judgment within two months. The party will receive the written decree of the Board via mail. If the party loses the appeal, then a Petition for Review may be filed to the highest court in the state within 30 calendar days.