Nationwide Immigration Appeals
BIA Appeals of Removal & Deportation Orders
If an immigration judge ordered you removed or denied the relief you applied for, you have the right to ask the Board of Immigration Appeals (BIA) to review that decision. The BIA is the highest administrative body that hears immigration cases, and a timely appeal generally keeps the removal order from becoming final while the Board decides.
An appeal is not a new hearing. The Board reviews the written record — the transcript, the evidence, and the judge’s decision — and decides whether the judge made legal or factual errors. That makes the quality of the Notice of Appeal and the brief decisive.
Decisions we appeal to the BIA
- Orders of removal entered after a merits hearing
- Denials of cancellation of removal for permanent and non-permanent residents
- Denials of adjustment of status, waivers, and voluntary departure
- Findings that a conviction makes you removable or ineligible for relief
- Denials of continuances or of the chance to present evidence
How the Board reviews your case
The BIA reviews questions of law, discretion, and judgment de novo — it decides them fresh. The judge’s findings of fact, including credibility, are reviewed for “clear error.” We frame each argument under the correct standard, because an argument aimed at the wrong standard is easy for the Board to reject.
What we prepare
- A complete Notice of Appeal (EOIR-26) that states each specific reason for the appeal
- The fee payment, or a fee waiver request (Form EOIR-26A) if you qualify
- Attorney appearance (Form EOIR-27) and service on DHS
- A written appellate brief filed within the Board’s briefing schedule
- A request for a briefing extension when the record requires it
The mistake that ends appeals early
If the Notice of Appeal says a brief will be filed and none is filed on time, or if the reasons for appeal are too vague, the Board can summarily dismiss the appeal without reaching the merits. We draft every Notice of Appeal with the brief already in mind.
Questions about removal & deportation order appeals
Can I be deported while my BIA appeal is pending?
A timely appeal of a removal order generally prevents the order from becoming final while the Board decides. If the appeal is filed late, that protection is lost, which is why the 30-day deadline matters so much.
Can I add new evidence to my BIA appeal?
Generally no. The Board decides on the existing record. If you have important new evidence, the right tool may be a motion to remand or a motion to reopen, which we can evaluate with you.
How long does a BIA appeal take?
Timing varies by docket. Detained cases move faster. The Board first issues a transcript and briefing schedule, then decides after briefing is complete.