In the event that an Immigration Judge finds a person removable from the United States and denies that person any form of relief, there is a 30 day deadline to appeal to the Board of Immigration Appeals. This is an extremely important deadline. Many potential clients have come to my office years later asking to take their case when they have let that deadline come and go. Appeals are a natural and important part of any immigration case that is denied by an immigration judge. There may be novel or undeveloped issues of law that are ripe for review. There may be issues of fact that can be viewed in a different light by the BIA. The immigration judge may have made a legal or factual error. It is important to have an immigration lawyer review your case well within the 30 day appeal period to determine whether you may have a viable appeal.
During the course of the appeal to the BIA, the person will not be deported. If the BIA denies the appeal, the person can appeal the BIA’s decision to the federal circuit court by filing a Petition for Review. Unfortunately, there is no automatic right to stay the removal during the appeal to the circuit court and stays are rarely granted pending the appeal.
An appeal is a very important and often productive weapon in the arsenal of an immigration lawyer or any person facing removal. You can obtain more information about the Board of Immigration Appeals here at their website.