Board of Immigration Appeals: What Happens After Court

Appealing an immigration court decision to the BIA: the essentials

If you disagree with an Immigration Judge’s decision, you can usually appeal to the Board of Immigration Appeals (BIA). However, strict deadlines and format rules apply. We protect your filing window, frame legal issues clearly, and build the record for success.

Deadlines & how to start (don’t miss this)

Deadline: The BIA must receive your appeal within 30 calendar days of the IJ’s decision date (not the date you got it). If the due date falls on a weekend/holiday, it rolls to the next business day.
Form & fee: File EOIR-26 (Notice of Appeal) with the filing fee or a fee-waiver request.
Where: File with the BIA electronically (ECAS) or by mail per current instructions.
Therefore, we calendar the deadline the same day the IJ rules and prepare the EOIR-26 immediately.

What happens after you file

Acknowledgment & briefing: The BIA sends a briefing schedule. You’ll have a short window to submit your legal brief and evidence allowed by rule (often via a motion to remand if new, material facts arose).
Record of proceedings: The BIA reviews the hearing transcript, exhibits, and IJ decision—not a brand-new case.
Standard of review: Facts/credibility are reviewed for clear error; legal issues are reviewed de novo (fresh look). We frame issues as legal or mixed questions whenever possible.

Will filing an appeal stop removal?

In many cases, filing a timely appeal means the removal order is not executed while the appeal is pending. However, there are exceptions and program-specific rules (for example, certain custody/bond or special-proceeding contexts). We confirm whether a stay applies in your situation before you travel or make plans.

Strategy: building a winning BIA brief

Pinpoint legal error: Wrong standard, failure to consider material evidence, or misapplication of the statute/regulations.
Preserve issues: Cite the hearing record and objections you made below.
Use targeted remands: If key new evidence arose that couldn’t have been presented earlier, request a remand instead of just attaching it.
Quantify hardship & risk: Replace generalities with medical, educational, financial, and country-conditions specifics.
Respect page/format rules: Headings, pinpoint cites, certificates of service—clean filings read as credible.

Evidence & documents checklist (have these ready)

IJ decision (oral or written) and hearing transcript (when available)
All exhibits filed in court (and any proposed new evidence with an explanation for remand)
Country-conditions updates, medical/school records, financials, and affidavits supporting legal arguments
Proof of filing/fee (or fee-waiver request), ECAS receipts, and service on DHS counsel

As a result, the BIA must engage your strongest legal arguments supported by a complete, organized record.

FAQs

How long does a BIA appeal take?
Timelines vary. We file on time, meet briefing deadlines, and monitor the docket; you’ll get written notice of the decision.

Can I submit new evidence to the BIA?
Usually only through a motion to remand showing the evidence is new, material, and previously unavailable.

What about voluntary departure (VD)?
Appeals can affect VD rights and penalties. Therefore, we confirm the safest approach before you file.

If I lose at the BIA, what’s next?
Many cases can seek federal review by filing a petition for review with the appropriate U.S. Court of Appeals within a short deadline.

How we help

First, we lock the 30-day deadline and file EOIR-26 correctly. Next, we outline legal errors and assemble a precise brief (and remand motion if needed). Then, we track the record, transcripts, and service. Finally, we advise on stays, VD, travel risks, and any federal appeal options.

Need to appeal an IJ decision to the BIA? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information, not legal advice. Rules and timelines can change; we confirm the instructions in effect when we file.

IJ denied Client’s motion to reopen his 2010 in absentia order and relied on fairly new warnings on Form I-485, advising applicants to keep USCIS updated of address changes for removal purposes.

Immigration Court decision to the BIA was sustained, finding that the IJ’s decision was in error and that Client was not properly advised of his hearing and that he did not receive notice of his hearing.

The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. The BIA is located at EOIR headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings – it decides appeals by conducting a “paper review” of cases. On rare occasions, however, the BIA hears oral arguments of appealed cases, predominately at headquarters.