BIA Appeal Attorney — Appealing a Deportation Order to the BIA and Federal Circuit Court

An immigration judge's decision is not always final. If the judge made a legal or factual error, you can appeal. A BIA appeal attorney helps you meet strict deadlines and present the errors clearly to the Board of Immigration Appeals.

The Board of Immigration Appeals, or BIA, reviews immigration judge decisions. After the BIA, some cases can go to a federal circuit court of appeals. However, each level has short deadlines and technical rules. Therefore, acting immediately is critical.

This guide explains BIA appeals, petitions for review in federal court, and how to stay removal while an appeal is pending.

The 30-day BIA deadline

You generally have 30 days from the immigration judge's decision to file a Notice of Appeal with the BIA, using Form EOIR-26. The BIA must receive it within that time. Late appeals are usually rejected.

The notice must identify the reasons for appeal. Vague statements, such as "the judge was wrong", can lead to summary dismissal. Consequently, list the specific errors of law and fact.

Briefing

After the BIA receives the record and transcript, it sets a briefing schedule. The brief explains why the decision should be reversed, with citations to the record and legal authority. Our BIA Appeal service prepares the notice of appeal and the brief. It starts at $799. Additionally, case law research can support a specific legal issue.

What the BIA reviews

The BIA reviews legal questions fresh. However, it generally defers to the immigration judge's factual findings, including credibility findings, unless they are clearly erroneous. Therefore, appeals that focus on legal errors often have the best chance.

Common appeal issues include misapplication of the law, failure to consider evidence, due process violations and incorrect hardship or persecution analysis. Moreover, new evidence is usually not considered on appeal. If you have new evidence, a motion to reopen may be the better route. Read our guide to motions to reopen and stays.

Automatic stay during BIA appeals

A timely BIA appeal of a removal order generally stays removal while the appeal is pending. That is one reason the 30-day deadline is so important.

Once the BIA decides, however, the order may become final. At that point, removal can proceed unless a further stay is granted. Consequently, plan the next step before the BIA decision arrives. Our stay of removal service prepares emergency stay requests.

Federal circuit court petitions for review

If the BIA rules against you, you can usually file a petition for review with the federal circuit court of appeals covering the immigration court's location. The deadline is 30 days from the BIA's final decision, and it is strict.

Filing a petition does not automatically stop removal. You must request a stay from the circuit court. Courts apply a demanding standard, weighing likelihood of success and irreparable harm. Therefore, the stay motion should be filed with the petition whenever removal is a risk.

Circuit courts review legal questions and constitutional claims. Their power to review some discretionary decisions is limited by statute. As a result, the issues you preserve before the BIA shape what you can raise later.

Habeas corpus and federal court

Sometimes the challenge is to detention itself, not the removal order. A habeas corpus petition in federal district court can challenge unlawful or prolonged immigration detention. Our immigration habeas service prepares these petitions.

Habeas is complex and fact-specific. Therefore, start with an immigration court case review. If detention is the main issue, see our guide to ICE bond and detention release.

Our Immigration Appeals services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Immigration Appeals services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

Immigration Appeals help in California

We prepare immigration appeals documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Los Angeles, Board of Immigration Appeals (BIA) Appeal & Brief in San Diego, Board of Immigration Appeals (BIA) Appeal & Brief in San Francisco. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in California.

Immigration Appeals help in Texas

We prepare immigration appeals documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Houston, Board of Immigration Appeals (BIA) Appeal & Brief in Dallas, Board of Immigration Appeals (BIA) Appeal & Brief in San Antonio, Board of Immigration Appeals (BIA) Appeal & Brief in Austin. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Texas.

Immigration Appeals help in Florida

We prepare immigration appeals documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Miami, Board of Immigration Appeals (BIA) Appeal & Brief in Orlando, Board of Immigration Appeals (BIA) Appeal & Brief in Tampa. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Florida.

Immigration Appeals help in New York

We prepare immigration appeals documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in New York City, Board of Immigration Appeals (BIA) Appeal & Brief in Brooklyn. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in New York.

Immigration Appeals help in Illinois

We prepare immigration appeals documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Chicago. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Illinois.

Immigration Appeals help in Georgia

We prepare immigration appeals documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Atlanta. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Georgia.

Immigration Appeals help in Arizona

We prepare immigration appeals documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Phoenix. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Arizona.

Immigration Appeals help in Pennsylvania

We prepare immigration appeals documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Philadelphia. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Pennsylvania.

Immigration Appeals help in Washington

We prepare immigration appeals documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Seattle. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Washington.

Immigration Appeals help in Colorado

We prepare immigration appeals documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Denver. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Colorado.

Immigration Appeals help in Massachusetts

We prepare immigration appeals documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Boston. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Massachusetts.

Immigration Appeals help in Nevada

We prepare immigration appeals documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Las Vegas. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in Nevada.

Immigration Appeals help in New Jersey

We prepare immigration appeals documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Newark. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in New Jersey.

Immigration Appeals help in North Carolina

We prepare immigration appeals documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Board of Immigration Appeals (BIA) Appeal & Brief in Charlotte. Similarly, see Habeas Corpus Petition — Prolonged ICE Detention in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

Board of Immigration Appeals (BIA) Appeal & Brief in every state

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.