BIA Appeals
When an immigration judge issues an unfavorable decision, that decision is often not the end of the road. Many decisions can be appealed to the Board of Immigration Appeals (BIA), the highest administrative body for interpreting and applying U.S. immigration law.
A BIA appeal is a written, brief-driven process with strict deadlines. The Board reviews the immigration judge’s decision for legal and factual error based on the record and the parties’ briefs.
Ahmad & Associates prepares notices of appeal and appellate briefs, identifies legal error, and presents focused arguments to the Board. Our attorneys practice before the Board of Immigration Appeals, and founder Anser Ahmad has handled appellate immigration matters for more than 20 years.
How a BIA appeal works
An appeal to the Board of Immigration Appeals follows a defined sequence with firm deadlines:
01 · Notice of appeal
A Notice of Appeal (Form EOIR-26) must generally be filed within 30 days of the immigration judge’s decision.
02 · Briefing
The parties submit written briefs. The appellant’s brief identifies the errors and the legal basis for reversal.
03 · Board review
The Board reviews the record and briefs. It may affirm, reverse, or remand the case to the immigration judge.
04 · Further review
If the Board rules against you, a petition for review in a federal court of appeals may be available.
Common grounds for appeal
A successful appeal usually turns on identifying specific legal or factual error. Common grounds include:
- Legal error in applying immigration statutes or regulations
- Factual findings not supported by the record
- Denial of a fair hearing or due-process concerns
- Misapplication of discretion in weighing relief
- New legal developments affecting the case
Frequently asked questions
Ready to discuss your immigration matter?
Schedule a confidential consultation with Ahmad & Associates. We assist clients throughout Virginia, Maryland, the District of Columbia, and Pennsylvania, and represent clients nationwide before federal immigration courts. Multilingual assistance is available.
8000 Westpark Drive, Suite 630, McLean, VA 22102