The Board of Immigration Appeals (BIA), is one of the appellate bodies for immigration cases. The Board is comprised of senior Board members who hear cases appealed from immigration courts or the Department of Homeland Security. The Board also hears disciplinary cases against practitioners.
How long do I have to appeal an immigration judge’s order?
You have 30 days to appeal a decision by the immigration judge. This deadline is jurisdictional, meaning that if you miss it, you cannot appeal your case, without reopening the case with the immigration judge. Also, if you miss the deadline, the Immigration and Customs Enforcement will be able to remove you (deport) from the United States. It is crucial that you adhere to that deadline.
What can be appealed to the Board?
As mentioned above, the BIA hears several types of cases ranging from denial of a bond to the denial of immigrant visa petitions to denials of relief by the immigration judge. There are usually fees associated with appeals unless you fall under an exception or you receive a fee waiver from the BIA. For example, a motion to reopen an in absentia order of removal does not carry a fee.
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