BIA Appeal
Appealing immigration judge decisions to the Board of Immigration Appeals.
Overview
The BIA is the highest administrative body in U.S. immigration law. When an immigration judge issues a removal order or denies relief, the respondent may appeal to the BIA within 30 days. BIA practice is primarily written: opening brief, government response, optional reply. A timely-filed BIA appeal automatically stays removal during the appeal.
Who May Qualify
- Immigration judge issued an adverse decision
- Appeal filed within 30 days
- Viable legal arguments on questions of law, factual error, or abuse of discretion
How We Help
- IJ decision analysis and appeal strategy
- EOIR-26 preparation and filing
- BIA brief drafting with circuit-court-preservation focus
- Oral argument preparation (if granted)
- Federal circuit petition for review if BIA dismisses
Frequently Asked Questions
The judge ordered me removed — must I leave while the appeal is pending?
A timely BIA appeal automatically stays removal. You do not have to leave.
Can the BIA consider new evidence?
Generally no — new evidence requires a motion to remand filed with the appeal.
This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by viewing this page. Immigration law is complex and fact-specific — please consult a qualified immigration attorney about your individual situation.