Appealing a Removal Order: What You Need to Know About the BIA Process

Appealing a Removal Order: What You Need to Know About the BIA Process

Receiving a removal order can be overwhelming, but it’s not the end of the road. You have the right to appeal the decision to the Board of Immigration Appeals (BIA), the highest administrative body for interpreting and applying immigration laws. Understanding the BIA process is critical to effectively challenging a removal order and fighting to stay in the United States.

In this blog, we’ll break down the steps involved in appealing a removal order and provide tips for strengthening your case.

What Is the BIA?

The Board of Immigration Appeals is part of the U.S. Department of Justice. It reviews decisions made by immigration judges and certain decisions made by U.S. Citizenship and Immigration Services (USCIS). The BIA typically decides cases based on written submissions, although it may occasionally hold oral arguments.

Steps to Appeal a Removal Order

1. File a Notice of Appeal (Form EOIR-26)
   1. You must file Form EOIR-26 with the BIA within 30 days of the immigration judge’s decision. Missing this deadline will result in the removal order becoming final.
   2. Clearly state the reasons for your appeal, such as legal errors made during your hearing or new evidence that was not considered.
2. Pay the Filing Fee or Request a Fee Waiver
   1. The standard filing fee is $110.
   2. If you cannot afford the fee, you can submit a fee waiver request along with your notice of appeal.
3. Submit a Written Brief
   1. After filing your appeal, you will receive instructions on submitting a written brief to explain your arguments in detail.
   2. This is your opportunity to identify legal errors, inconsistencies, or procedural mistakes in the immigration judge’s decision.
   3. Work with an experienced attorney to ensure your brief is persuasive and well-organized.
4. Await the BIA Decision
   1. The BIA will review your case and issue one of the following decisions:
      1. Affirm the Immigration Judge’s Decision: Your removal order remains in effect.
      2. Reverse or Remand the Decision: Your case may be sent back to the immigration judge for further consideration.
      3. Grant Relief: If the BIA finds in your favor, it may terminate the removal order or grant the requested relief.

What Happens If the BIA Denies Your Appeal?

If the BIA denies your appeal, you still have options:

1. File a Motion to Reconsider or Reopen
   1. A motion to reconsider argues that the BIA made a legal or factual error.
   2. A motion to reopen provides new evidence or arguments that were not previously available.
2. Appeal to a Federal Court
   1. You can challenge the BIA’s decision in a U.S. Circuit Court of Appeals. This is a more complex process and requires strong legal representation.

Tips for a Successful BIA Appeal

• Act Quickly: The 30-day deadline to file your appeal is strict. Start working on your case immediately after receiving a removal order.
• Hire an Experienced Immigration Attorney: The BIA process is highly technical, and the quality of your legal arguments can significantly impact the outcome.
• Focus on Legal Errors: The BIA primarily reviews errors in the application of immigration laws, so clearly identify mistakes made during your original case.
• Provide Strong Evidence: Submit documentation or testimony that supports your arguments and challenges the removal order.

Why Choose American Dream Law Office for Your Appeal?

Appealing a removal order is a high-stakes process that requires expert knowledge of immigration law. At American Dream Law Office, we have extensive experience handling BIA appeals and fighting for our clients’ rights. We will thoroughly review your case, craft compelling legal arguments, and guide you through every step of the process.

Contact us today to schedule a consultation and begin your appeal. Don’t let a removal order define your future—let us help you fight to stay in the United States.