After a judge orders removal or USCIS denies an application, the clock starts immediately, and many appeal deadlines are about 30 days. The right review path depends on who made the decision. Immigration judge decisions generally go to the Board of Immigration Appeals on Form EOIR-26 within 30 days, some USCIS denials go to the BIA or the Administrative Appeals Office, and final BIA decisions can be taken to a federal court of appeals. Some decisions cannot be appealed at all. Contact a lawyer as soon as you receive the decision.
- Many appeal deadlines are only about 30 days from the decision.
- Immigration judge decisions generally go to the BIA on Form EOIR-26.
- Some USCIS denials go to the AAO or BIA; final BIA decisions go to a federal court.
- Choosing the wrong review path can waste the time you have.
After a judge orders removal or USCIS denies an application, the clock starts running immediately, and many appeal deadlines are only about 30 days. If you need an immigration appeal attorney in Florida, contact a lawyer as soon as you receive the decision. Vasquez Law Firm reviews appeals and motions for clients across the state from our Orlando office, by video, by phone and in person, in English and Spanish.
Which kind of appeal fits your decision
"Immigration appeal" covers several different procedures. The right one depends on who made the decision.
| Decision | Where review usually goes |
|---|
| Immigration judge decision in removal proceedings | Board of Immigration Appeals (BIA) |
| Certain USCIS denials, such as many family petitions | Board of Immigration Appeals |
| Many other USCIS denials, such as some employment and waiver cases | Administrative Appeals Office (AAO), or a motion to the same office |
| Final BIA decision on removal | Petition for review in a federal court of appeals |
Some decisions cannot be appealed at all, and the only option may be a motion or a new filing. The decision notice usually explains what review is available, but those instructions are brief, and choosing the wrong path can waste the time you have.
Appeals to the Board of Immigration Appeals
The BIA is the appellate body within the Executive Office for Immigration Review. An appeal from an immigration judge's decision is generally filed on Form EOIR-26 within 30 days of the judge's decision. In most removal cases, a timely appeal to the BIA keeps the removal order from being carried out while the appeal is pending, though there are exceptions.
The Board decides appeals mainly on the existing record: the hearing transcript, the evidence filed with the judge and the written briefs. It generally does not take new testimony. A bia appeal lawyer therefore focuses on identifying legal errors, such as the wrong legal standard, factual findings the record does not support, a credibility finding without proper reasons, or a denial of a fair hearing. If important new evidence has come to light, a separate motion to remand may be needed.
A strong brief is specific. It points to transcript pages, exhibits and the law that applies, and explains why the outcome should change. A bia appeals lawyer who did not handle the original hearing will start by obtaining and reading the full record.
Motions to reopen and reconsider
Sometimes the better tool is a motion, not an appeal. A motion to reconsider argues that the decision contained a legal or factual error based on the existing record, and is generally due within 30 days. A motion to reopen asks to consider new facts or evidence, such as new eligibility for relief or changed conditions in the home country, and is generally due within 90 days, with limited exceptions. Motions also have limits on how many may be filed. A person ordered removed in absentia after missing a hearing may have specific grounds to reopen, depending on the reason for the absence and the notice received.
Federal court review
When the BIA issues a final removal order, review may be available by petition for review in the federal court of appeals for the circuit where the immigration judge completed the case. For cases heard in Florida, that is generally the Eleventh Circuit. The petition is generally due within 30 days of the BIA's decision, and filing it does not automatically stop removal; a separate request for a stay is usually needed. Federal court review also has limits: courts cannot review some discretionary decisions.
When to call a lawyer
- As soon as you receive an immigration judge's decision you disagree with
- When a USCIS denial notice arrives, before the deadline in the notice
- If you missed a hearing and received a removal order
- If your circumstances changed after a final order, such as a new marriage or new danger at home
- If you believe your previous representative made serious mistakes
Families often search for a deportation appeal lawyer only after weeks have passed. By then, the appeal deadline may be gone and only narrower options remain. A deportation appeals lawyer can tell you quickly which deadlines still apply.
What to bring
- The decision you want to challenge and the envelope or notice showing the date
- Your hearing notices and any written decision from the judge
- All applications, evidence and briefs filed in the case
- Contact information for your previous lawyer, if you had one
- Any new evidence that did not exist or was not available at the hearing
Choosing among immigration appeals lawyers
Appeals are writing-heavy work. When you compare immigration appeals lawyers or immigration appeals law firms, ask how the lawyer will obtain the record, who will write the brief, and whether the lawyer also handles motions and stay requests. Ask for a frank assessment of the issues. Immigration appeal lawyers who promise to win are not giving you an honest picture; appeals depend on the record and the law.
A deportation appeal attorney should also discuss what happens during the appeal: whether you may remain in the United States, whether you can work, and what to do if you are detained.
How Vasquez Law Firm handles appeals for Florida clients
Our only office is at 1111 E Amelia Street in Orlando. We work with clients and families throughout Florida by video and phone, and in person in Orlando. Learn more about our deportation defense services, or if a relative is detained, see our immigration bond page. When a deadline is running, contact us right away.
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This article is general information, not legal advice. Every case is different; speak with an immigration lawyer about your situation.
