A Summary of the Appeals Process

Jan 5, 2016 | Border of Immigration Appeals (BIA)

As a Miami immigration lawyer, I have had the pleasure of representing clients through the appeals process. Below are some frequently asked questions.

I have been ordered removed (deported) from the U.S. What are my options?
If the Immigration Judge orders you removed from the United States or if you are unsatisfied with the court’s bond decision, you may appeal to the Board of Immigration Appeals (BIA). If you have been ordered deported, you may want to speak with a Miami immigration lawyer to discuss your options.

Are there any deadlines involved an immigration appeals process?
Yes, you and/or your Miami immigration lawyer must reserve appeal after the judge issues his or her decision if you want to appeal to the BIA.  If you reserve appeal you have 30 days to file your Notice of Appeal (“NOA”) (Form EOIR-26) from the date of the Immigration Judge’s decision.

What happens if I do not file my Notice of Appeal (NOA)?
If you do not file your NOA, that is, if the BIA does not receive your NOA, within 30 days of the Immigration Judge’s decision, the order becomes final.  Therefore, you and/or your Miami immigration lawyer must reserve appeal if you want to continue fighting your case.  If you waive appeal, you lose the chance to appeal. Thus, if you are not sure, it is always safer to reserve appeal so you have 30 days to decide what to do.  If you waive appeal at your hearing, you will not be able to change your mind later. If you have any questions in regard to this process, I would highly recommend speaking with a Miami immigration lawyer.

What happens if I am detained? How long will the appeals process take?
If you are detained, the appeal process will take 4-6 months.  It may be faster or slower depending on your case.  Here is a summary of the process:

  • You and/or your Miami immigration lawyer  complete and send the “Notice of Appeal” forms to the BIA. These are the multi-colored forms the Judge gave you. The BIA must receive your NOA within 30 days.  This is just the first step where you are telling the BIA that you want to appeal. If you win your case before the Immigration Judge and the government appeals, you will receive a copy of their NOA.  You DO NOT have to respond to this document, but you may do so if you want to.
  • The BIA will send you a receipt. Keep a copy for your records.
  • The BIA will send you a copy of the transcript, the Immigration Judge’s decision, and a briefing schedule. The briefing schedule is your deadline to write your brief.
  • You send your brief to the BIA. The BIA must receive the brief by the deadline. You may ask for one 21 day extension – but must do so by the brief deadline.
  • The BIA will review the briefs, and will make a decision in one to two months. You will receive the BIA’s written decision in the mail. If the Florence Project is assisting you with your case, call us when you receive your written decision or send us a copy of the decision through the facility mail system.

If you would like more information on the immigration appeals process, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.