Appeals of BIA Decisions
Was your asylum case denied by an Immigration Judge or an Asylum Office then the BIA?
Do you think you had a strong case but were not given the opportunity to present all your evidence?
Did you feel that your immigration attorney did not adequately represent you in your case?
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. Generally, their role is to decide appeals by conducting a “paper review” of cases but they may hear oral arguments on occasion. The BIA will hear the appeal and their decisions are binding unless they are modified or overruled by the Attorney General or a federal court.
If the BIA still denies your case, it may not be the end of the road. You can appeal an unfavorable BIA decision to the Federal Circuit Court that has jurisdiction over that particular case. If your asylum case was in immigration court, the proper circuit court to file would be the Federal Circuit where the immigration hearing was originally held. The petition for review must be filed with the appropriate circuit court within 30 days for when the BIA issued a decision. Calculating the 30 days can be confusing because various rules apply including rules for counting the weekend days. The petition for review must be received by the clerk’s office on or before the thirtieth day. After this, you must file your brief within 40 days of the date from which the administrative record of your case is available.
While your appeal is pending with the circuit court, there is not automatic stay of removal. You will need an attorneys help to put together a motion to “stay removal”, meaning you will ask the court not to deport you while the appeal is pending. The appeals process is complicated and requires an attorney who is familiar with the process and can help you present your appeal in the best possible manner.