How the Board of Immigration Appeals Works

If your immigration application has been denied, you may be wondering about the next steps in the process. The Board of Immigration Appeals is responsible for the interpretation and application of laws pertaining to immigration and for hearing appeals of decisions made by lower courts. Appealing the decision of the lower court can offer you another chance to have your application reviewed, which can sometimes result in an improved outcome for you. Enlisting the help of a Miami immigration lawyer can help you navigate the appeals process more successfully in our area.

At your immigration hearing, the judge will typically issue a ruling on the issues that were presented during the court case. After handing down the decision, the judge will ask whether you wish to appeal the decision. Answering yes to this question will provide you with 30 days in which you can file a Notice of Appeal. Declining the opportunity to appeal when the judge asks will generally result in the judgment of the court being implemented immediately. If the judge rules in a way that is favorable to your interests, you do not need to request an appeal. The favorable decision will be considered final at the time you waive your right for an appeal.

Your Miami immigration lawyer can provide you with added help in pursuing an appeal of an unfavorable immigration court decision. The paperwork for your Notice of Appeal must be submitted to and received by the Board of Immigration Appeals within 30 days of the initial decision. You will need to complete Form EOIR-26 to let the court know that you plan to appeal, whether you will file a written brief and whether you will be giving an oral argument. You and your Miami immigration lawyer will also need to provide reasons for your appeal, which may be done in a written brief, an oral argument or within Form EOIR-26. You will also need to submit either a fee or a fee waiver form to have your case heard by the Board of Immigration Appeals.

Once Form EOIR-26 has been received by the court, you will receive a Filing Receipt that lets you know your request for an appeal has been received. Within a few weeks or a couple of months after you receive this receipt, you will be sent a packet of documents that must be completed, usually with the help of your Miami immigration lawyer. If you need more time to complete your paperwork for this process, you can file a Motion for Extension of Time to File the Respondent’s Brief, which must be received in the immigration court before your brief due date.

You will need to submit your brief, your briefing schedule and a Certificate of Service stating that you have mailed a copy of this documentation to Immigration and Customs Enforcement. Depending on the strategy you and your Miami immigration lawyer decide on, your attorney may need to appear to offer oral arguments. In general, however, the Board of Immigration Appeals will look only at the documentation and forms presented in your case to come to a decision. The judgment made by the appeals court may reverse the previous decision, may reaffirm the original ruling or may allow you to receive another hearing in your original court or in a court determined by the Board of Immigration Appeals.

Understanding the Decision

Your attorney can provide you with valuable assistance in interpreting the decision handed down by the appeals court. By working with a qualified and knowledgeable Miami immigration lawyer, you can gain a better understanding of the decision made by the judges at the Board of Immigration Appeals. Your Miami immigration lawyer will work with you at every step of the process to make sure that your case is handled properly and to help you navigate the immigration process more successfully.

Working with a Miami immigration lawyer from Pozo Goldstein is a practical method for appealing a decision regarding your immigration status. Our team includes a former judge as well as two former immigration prosecutors, which gives us a solid basis of expertise for the cases we take on for our clients. To learn more about our services or to request a case evaluation from our attorneys, give us a call today at 305-856-0400. Our team of knowledgeable and experienced attorneys will be happy to work with you to help you achieve your own version of the American dream.