Columbus Board of Immigration Appeals & Federal Court Litigation Lawyer
Usually, immigration-related matters are handled by Immigration Judges (IJ) or officers from U.S Citizenship and Immigration Services (USCIS). Sometimes, the determinations made by either the USCIS or Immigration Judges are not what applicants or defendants/respondents hoped for. Fortunately, respondents and applicants have the right to appeal decisions made by the USCIS or immigration judges. Our Columbus BIA & federal court litigation lawyer can help with this process.
To appeal a decision made by an Immigration Judge, you will need to approach the Board of Immigration Appeals (BIA). This board is part of the Department of Justice and is responsible for interpreting and executing United States immigration laws. The primary duties of the BIA are:
- reviewing appeals from certain decisions that Immigration Judges (and sometimes, district directors of the Department of Homeland Security) render; and
- making sure immigration laws receive a fair and uniform application.
Some of the matters that can be appealed to the BIA include, among others;
- Denial of asylum
- Denial of bond or parole
- Final deportation orders
- Withholding of removal cases
- Exclusion of aliens applying for admission to America
The Board of Immigration Appeals decides each case on a case-by-case basis. Every appeal is given the necessary time and consideration to ensure fairness.
It is crucial to note that every decision the BIA makes is binding on all Immigration Judges or DHS officers unless modified or overruled by a federal court or the Attorney General.
How Long Do You Have to File an Appeal With the BIA?
If you wish to file an appeal with the BIA, you must do so within thirty calendar days from the decision date. You should note that, within those thirty days, the BIA needs to have actually received your Notice of Appeal (Form EOIR-26). Basically, it is not enough that you mail the notice within thirty days. Since you are not dealing with business days, weekends and holidays will be counted. However, if the 30th day is a weekend or holiday, the deadline is extended to the first business day.
If you file your appeal after the thirty days have expired, your appeal will most likely not be accepted.
What Happens After the BIA Receives the Appeal Notice?
After the BIA receives your Notice of Appeal, you will receive a receipt notice. Depending on your case’s specifics, the receipt notice may arrive within two weeks. However, it can take longer than that to arrive. After that, the BIA will create a briefing schedule (if you said you’ll submit a brief). It is advisable to submit a brief even though submitting one is optional. After you submit your brief, the opposing counsel will then be given a chance to file a reply to your brief. After that, the BIA will make a decision.
Can I Represent Myself Before the BIA?
You can represent yourself before the BIA. No rule states that an immigrant must hire an attorney to appeal with the BIA. However, because appeals have strict rules, it is best to allow an attorney to handle your immigration appeal.
Contact a Columbus BIA & Federal Court Litigation Lawyer
If you need help with filing an appeal with the Board of Immigration Appeals, call Shirazi Immigration Law at 404-523-3611 to schedule a consultation with a Columbus BIA & federal court litigation attorney.