BIA Rules that Defective Notices to Immigration Court

The BIA remanded for evaluation of whether the defendant
In Matter of M-F-O- is statutorily eligible for voluntary departure. This occurred
After finding that a deficient NTA does not preclude the defendant from establishing the requisite period of constant physical presence.
Individuals who believe a decision by an immigration judge
denying asylum or other relief may appeal.
The individual will need to show
the immigration judge made mistakes about the law
or the facts of the claim. Furthermore,
they must be of such a serious degree
that they led to the wrong conclusion.
There are two key requirements to be able to file an appeal to the BIA. First, if the judge issues the decision,received by the Board of Immigration Appeals
within 30 days of the date on the decision by the immigration judge. Sometime,
after the BIA receives the Notice of Appeal,
it will notify the applicant of the due date to submit a written
presentation or “brief” discussing the reasons for the appeal BIA.
An appeal to a Federal Circuit Court decision.
To have a decision by the BIA plead to the federal court,
the individual must file a petition decision.
An appeal to the Board of Immigration Appeals
or an appeal to a federal circuit court will not automatically stop an applicant. Therefore, a
Petition for Review needs to request a stay of removal. If granted by the court,this prevents deportation by the federal circuit court.

The Board of Immigration Appeals — practical guide for appeals, motions, and preservation

The Board of Immigration Appeals (BIA) is the principal administrative appellate body for immigration cases. It reviews Immigration Judge decisions and certain DHS actions, sets binding precedent within EOIR, and controls administrative appellate strategy. Therefore, understanding BIA timing, standards of review, and briefing strategy is essential for preserving appellate remedies and maximizing the chance of success on appeal.

What the BIA reviews and why it matters

• Appeals from Immigration Judges: filed on Form EOIR-26, typically within 30 days of the IJ decision. The BIA resolves legal errors and can remand factual questions back to the IJ.
• Motions to reopen / reconsider: governed by strict deadlines (generally 90 days to reopen, 30 days to reconsider) and narrow exceptions—timely and well-documented filings matter.
• Precedent rulings: published Board decisions bind Immigration Judges in the circuit and influence broader immigration practice.

Practical appeal strategy

1. Assess the correct vehicle: appeal (EOIR-26) for legal questions; motion to reopen where new evidence exists; motion to reconsider for legal/procedural error.
2. Frame the standard of review: emphasize de novo review for legal issues and reserve clear-error attacks for factual/credibility matters where warranted.
3. Be procedurally perfect: file on time, follow formatting and service rules exactly, and include a clear statement of issues and standard of review in the opening pages.
4. Index your exhibits: provide a short exhibit index and cite exhibits by letter/page for easy Board review.

Quick tactical checklist

• Confirm the BIA deadline and use tracked delivery so the Board receives the notice within 30 days.
• Prepare a one-page issue memo: issue, why it matters, standard of review, and argument roadmap.
• Include controlling circuit law, recent BIA precedents, and statutory text in opening citations.
• For motions to reopen, attach sworn declarations and objective corroboration (medical records, country-condition reports, new evidence).

How we help

We prepare Notices of Appeal (EOIR-26), draft BIA briefs keyed to the correct standard of review, assemble exhibit indexes, draft motions to reopen/reconsider with evidentiary maps, and file fee-waivers or emergency stay requests. Request a BIA brief outline, a Notice-of-Appeal checklist, or a Motion-to-Reopen evidence map.