Immigration Appeals
Expert Appellate Representation for Immigration Cases
An unfavorable immigration decision is not the end of the road. The firm provides a critical opportunity to challenge adverse outcomes through BIA appeals, federal court review, and motions to reopen or reconsider.
- New York Licensed
- 14+ Years Experience
- 5 Languages
- 5.0 / 134 Reviews
Immigration appeals — quick answer
Immigration appeals are time-critical and deadline-driven. Appeals from an immigration judge to the Board of Immigration Appeals are filed on Form EOIR-26 within 30 days of the decision (8 CFR § 1003.38). Appeals from many USCIS denials go to the Administrative Appeals Office via Form I-290B within 30 days (8 CFR § 103.5). Federal review of a final order of removal proceeds via a Petition for Review filed in the appropriate U.S. Court of Appeals within 30 daysof the BIA's final order (INA § 242). Deadlines are strict and generally not extendable.
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Our Services
Immigration Appeals Services We Provide
- Board of Immigration Appeals (BIA) Appeals
- Federal Court Appeals (Circuit Courts)
- Motions to Reopen & Reconsider before USCIS and Immigration Courts
- Emergency Stays of Removal and Deportation Orders
- Appeals of denied asylum, criminal, and family-based cases
- Mandamus actions and Habeas Corpus petitions in Federal Court
- Post-decision relief and strategic case analysis
- Precedential case analysis and appellate brief writing
By the numbers
The Immigration Appeals Landscape
The appeals system faces unprecedented challenges. Understanding the reality is key to building a successful appellate strategy.
76%
Asylum Denial Rate
In immigration courts, making strong appeals crucial for asylum seekers.
18–24
Months BIA Processing
Current BIA processing time for complex cases, requiring patience and diligence.
4×
Higher Success with a Lawyer
Compared to those without appellate representation.
Our Process
How We Handle Your Immigration Appeals Case
- 1
Case Analysis Framework
We conduct a comprehensive review of the trial record to identify all preservable legal issues, jurisdictional requirements, and strategic opportunities based on circuit-specific precedent.
- 2
Brief Development Process
Our rigorous process involves in-depth legal research, strategic issue selection, precise record citation, and the integration of constitutional and policy arguments to build a compelling case.
- 3
Deadline Management System
Immigration appeals have strict, non-extendable deadlines. Our robust tracking system ensures full compliance with all filing deadlines for BIA appeals, federal petitions, and post-decision motions.
- 4
Advocacy and Resolution
We provide powerful oral argument representation when granted and strategically use every available tool, including motions to remand or reopen, to fight for the best possible outcome.
Documents
What you'll need to file an appeal
Appellate work is record-driven. The first task is to assemble a complete trial file so deadlines can be met without surprises.
- • The written decision or oral-decision transcript and any accompanying order
- • Notice of Appeal forms — Form EOIR-26 (BIA), Form I-290B (AAO), or PFR civil cover sheet (court of appeals)
- • Full administrative record — Form I-589, exhibits, transcripts, and IJ rulings
- • Counsel-of-record substitution (Form EOIR-28 / Form G-28) for filing attorneys
- • Country-conditions evidence (asylum) updated to time of motion or appeal
- • Stay-of-removal motion package if a Petition for Review is filed
- • New evidence and supporting affidavits for any motion to reopen
- • Brief in support and a Table of Authorities citing controlling precedent
- • Receipt of any prior motions filed in the same record
- • Indigency-fee-waiver request on Form EOIR-26A or Form I-912 if applicable
Common pitfalls
Where appeals are lost
Missed jurisdictional deadlines
The 30-day BIA, AAO, and Petition-for-Review deadlines (8 CFR § 1003.38, § 103.5, INA § 242(b)(1)) are jurisdictional. Late filings are dismissed, full stop.
Issues not preserved below
The BIA generally will not consider an argument first raised on appeal. Identifying every preserved error in the IJ record is the threshold appellate task.
No automatic stay on PFR
Filing a Petition for Review with a Court of Appeals does not stay removal under INA § 242(b)(3)(B). A separate motion for stay is mandatory.
Number-limited motions
Per 8 CFR § 1003.2(c)(2), a respondent generally gets one motion to reopen. Using it on weak facts forecloses a stronger filing later.
Costs & fees
Filing fees for appeals and motions
Government filing fees below; attorney fees vary materially with record length, novelty of issue, and forum. Schedule a consultation for a tailored quote.
Form EOIR-26 (BIA appeal)
$110
Fee waivable via Form EOIR-26A
Form I-290B (AAO appeal / motion)
$675
Per the 2024 USCIS fee rule (89 FR 6194)
Petition for Review (2d Cir.)
$600
28 U.S.C. § 1913; fee waivable via in forma pauperis motion
By the numbers
The Board of Immigration Appeals receives tens of thousands of appeals per year.
From immigration judge decisions and USCIS visa-petition denials within its appellate jurisdiction (per published EOIR statistics). Connecticut and New York respondents petition the Second Circuit, which decided thousands of immigration cases in recent years per published court statistics.
“The petition for review must be filed not later than 30 days after the date of the final order of removal.”
— Immigration and Nationality Act § 242(b)(1), 8 U.S.C. § 1252(b)(1)
FAQ
Immigration Appeals FAQ
How do I appeal an immigration judge's decision?
An appeal from an immigration judge to the Board of Immigration Appeals (BIA) is taken by filing a Notice of Appeal (Form EOIR-26) within 30 calendar days of the immigration judge's oral or written decision, per 8 CFR § 1003.38. The deadline is jurisdictional and is not extendable.
How do I appeal a USCIS denial?
Many USCIS denials are appealable to the Administrative Appeals Office (AAO) by filing Form I-290B, Notice of Appeal or Motion, within 30 days of the decision (33 days if the decision was mailed) per 8 CFR § 103.5. Form I-290B may also be used to file a motion to reopen (new facts) or a motion to reconsider (legal error) before the original USCIS office.
Can I appeal to federal court?
Yes. Under INA § 242 (8 U.S.C. § 1252), a Petition for Review of a final order of removal must be filed with the appropriate U.S. Court of Appeals within 30 days of the BIA's final order. For respondents in Connecticut and New York, that is the U.S. Court of Appeals for the Second Circuit.
What is the deadline for a motion to reopen vs. reconsider?
Before the BIA and immigration court, a motion to reconsider must be filed within 30 days of the final administrative decision (8 CFR § 1003.2(b)(2), § 1003.23(b)(1)); a motion to reopen must generally be filed within 90 days (8 CFR § 1003.2(c)(2), § 1003.23(b)(1)). Limited exceptions exist (e.g., changed country conditions in asylum, joint motions, in absentia cases).
Does filing an appeal stop my removal?
A timely Notice of Appeal to the BIA generally results in an automatic stay of removal (8 CFR § 1003.6(a)). However, a Petition for Review to a Court of Appeals does not automatically stay removal under INA § 242(b)(3)(B); a separate motion for a stay must be filed with the court.
What is the typical BIA processing time?
BIA processing varies materially by case type and complexity. Published EOIR statistics indicate most appeals are decided on the written record without oral argument, and processing for fully briefed cases typically ranges from several months to two-plus years depending on caseload.
Frequently Asked Questions
Immigration Appeals FAQ
Related Topics
Related Immigration Topics
- Deportation Defense — Trial-level removal proceedings before EOIR
- Inadmissibility Waivers — I-601 / I-601A on appeal or motion
- U Visa for Crime Victims — AAO appeal of denied I-918 petitions
- Asylum & Refugee — BIA and Second Circuit asylum review
- Citizenship & Naturalization — N-336 administrative review of N-400 denial
- Family Immigration — AAO review of I-130 / I-129F denials
- Business Immigration — AAO review of I-129 and I-140 denials
Talk to an immigration attorney
Get clear answers about your immigration case
Schedule a confidential consultation with M. Riaz Musani. Offices in West Hartford, CT and Latham, NY. Multilingual representation in five languages.