Board of Immigration Appeals (BIA) Appeals
If an immigration judge has denied your case, you may feel discouraged and unsure of what to do next. A BIA appeal can be the next step to challenge that decision. Nicholas Pagliara LLC provides clear, compassionate guidance to immigrants seeking to appeal to the Board of Immigration Appeals, with remote legal services available wherever you live.
Remote legal services available — work with Nicholas Pagliara from anywhere in the United States or abroad.
What Is a BIA Appeal?
The Board of Immigration Appeals (BIA) reviews certain decisions made by Immigration Judges. When you file a “BIA appeal,” you are asking the Board to review an Immigration Judge’s decision and decide whether it was legally correct.
An appeal is not a new trial. You do not appear in person before the BIA. Instead, your attorney submits written arguments, called a “brief,” explaining why the immigration judge’s decision should be changed or sent back for another hearing.
Because the BIA focuses on legal errors and how the law was applied, it is especially important to work with an attorney who understands both immigration law and how the Board reviews cases.
How the BIA Appeal Process Works
The BIA process can be broken into three main steps. The description below is general information and may not cover every situation.
1. Notice of Appeal
The first step is filing a Notice of Appeal with the BIA. This form tells the Board that you disagree with the immigration judge’s decision and want it reviewed. The deadline is very short, usually 30 days from the date of the judge’s decision. Missing this deadline can result in losing the right to appeal.
2. Written Briefs
The most important part of the appeal is the written brief. This is where your attorney explains, in detail, why the judge’s decision should be changed or sent back. The brief may argue that the judge applied the wrong legal standard, misunderstood the evidence, or failed to follow the law. The government may also file a written response.
3. The BIA’s Decision
After reviewing the written arguments and the record, the BIA issues a written decision. The Board may:
- Agree with the immigration judge and/or dismiss the appeal
- Disagree with the judge and grant some or all of the relief requested
- Send the case back (“remand”) to the immigration judge for further hearings or a new decision
If the BIA denies the appeal, there may be options to file a further petition with a federal court. Nicholas Pagliara LLC concentrates on both BIA appeals and federal court review of immigration decisions.
Who Can Nicholas Pagliara LLC Represent in BIA Appeals?
Nicholas Pagliara LLC is admitted to practice before the Board of Immigration Appeals and can represent clients nationwide. Unlike federal court actions, BIA appeals are not filed in federal district court — they are filed directly with the BIA in Falls Church, Virginia.
This means we can represent you or your loved one regardless of which state you are in or where the immigration court was located. If you received an unfavorable decision from an immigration judge anywhere in the United States, contact us to find out whether a BIA appeal is right for your case.
Frequently Asked Questions About BIA Appeals
How much time do I have to file a BIA appeal?
In many cases, you have 30 days from the date of the immigration judge’s decision to file a Notice of Appeal with the BIA. This deadline is very strict. If you miss it, you may lose the right to appeal. Because timing is so important, you should contact an attorney as soon as you receive a decision.
What can I do if I did not file my BIA appeal on time?
Missing the 30-day deadline to file a BIA appeal does not necessarily mean your legal options are exhausted. In some cases, you may be able to file a motion to reopen or motion to reconsider with either the immigration court or the Board of Immigration Appeals. These motions ask the court or Board to revisit a decision under specific circumstances. These remedies have strict requirements and are not always successful, but they do exist. If you missed the deadline, do not assume the case is closed.
Will I have another hearing in front of a judge?
Usually, no. The BIA normally decides cases based on the written record and written briefs. You do not typically appear in person or by video before the Board. However, the Board can send the case back to the immigration judge for another hearing or additional findings if it believes that is necessary.
What happens if the BIA denies my appeal?
If the BIA denies your appeal, you may have the option to file a petition for review with a federal court, depending on the type of decision and the issues involved. There are strict deadlines and rules for federal court petitions. Nicholas Pagliara LLC handles both BIA appeals and federal court petitions and can advise you about possible next steps.
Can you help me if I live in another state or outside the U.S.?
Yes. Nicholas is registered with the Executive Office for Immigration Review (EOIR) and authorized to practice before the Board of Immigration Appeals, the firm is able to offer remote representation for BIA appeals to clients located anywhere, using meetings by phone or secure video. Please note that other services offered by the firm are not available to clients located outside of New York and could be subject to different requirements or limitations.
How do I know if a BIA appeal is right for my case?
Not every decision can or should be appealed, and some cases may be better addressed through other types of petitions or motions. During a consultation, Nicholas will review your immigration judge’s decision, discuss your goals, and explain what options may be available, including the potential risks and limits of an appeal.
Start Your BIA Appeal Consultation
If you have received a decision from an immigration judge and are considering an appeal, you do not need to face this process alone. A consultation with Nicholas Pagliara LLC can help you understand your options, important deadlines, and what an appeal might involve in your situation.
During the consultation, you can ask questions, share your concerns, and receive clear information about possible strategies. There is no obligation to move forward, and you can take time to decide what is best for you and your family.
To get started, use the contact form, call or email to request an online appointment. Remote legal services make it possible to work with the firm from anywhere.