Liberty Law Group, LLC

​BOARD OF IMMIGRATION APPEALS ATTORNEY 

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If you do not win your initial case before an immigration judge, do not worry as you will usually have two more chances to win your case. The first chance is with the Board of Immigration Appeals in Falls Church, Virginia. After the immigration judge issues an order removing you from the United States to your home country, this decision isn't "final," meaning that ICE will not be able to deport you back to your home country so long as you make sure to reserve the right to appeal the decision. 

If you tell the immigration judge that you wish to appeal her decision, you will have 30 calendar days in which to file a Notice of Appeal with the Board of Immigration Appeals. You will need Form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) to file the appeal. Usually, these forms will be lying around the courtroom for you to pick up. Make absolutely certain that the Board of Immigration Appeals actually receives your appeal on or before the 30 day appeal period expires. While it is very difficult to reach the Board of Immigration Appeals directly by phone, you can always call the EOIR 1800 number at 1800-898-7180 to get an update on whether your appeal has been received by the Board of Immigration Appeals.

In the Notice of Appeal, you will be asked to check a box regarding whether you would like to file brief or simply ask the Board of Immigration Appeals to make a decision on the record without a brief. It is strongly recommended that you always choose to file a brief. Filing a brief gives you an opportunity to explain to the Board of Immigration Appeals why the immigration judge made a mistake in denying your case. The more persuasive your brief is, the better chance you will have of winning your appeal. 

You will also have an opportunity request oral argument - meaning that if the Board of Immigration Appeals grants oral argument, you will have a chance to personally appear before the board members making a decision on your case in Falls Church Virginia, to see them in person and orally explain to the Board members why the immigration judge erred in denying your case. It's always more difficult for a Board Member to reject your appeal if they see a face instead of just a number on a sheet of paper.  

Additionally, if you hired an attorney to represent you before the immigration court and are not happy with that attorney's services, you absolutely have the right to find another attorney to appeal the case for you. 

From the day the Notice of Appeal is received, it usually takes about six months before the Board of Immigration Appeals makes a decision on your case. This means that if you are detained, you will likely have to remain in detention for an additional six months while your appeal is pending. While it is possible for the judge to grant you a bond or ICE to grant you parole while your appeal is pending, it is unlikely. 

After you file your appeal, three things will happen. First, you will receive a letter from the Board of Immigration Appeals informing you that the appeal has been received and any filing fees have been paid. Within several months after that, you will receive a transcript of your case (the actual evidence that was filed will not be resent to you). When you spoke with the immigration judge about your case and gave testimony, every word you said was recorded. Once the appeal is filed, that recording is then transcribed into paper form, which you will receive after you appeal your case. Simultaneous with receiving the transcript,  you will also be notified of the deadline for filing your brief. Once your brief is filed, there is nothing left to do but to wait for a decision on your case. 

Once the Board renders a decision in your case, that decision is then deemed "final." This means that if you lost your appeal, ICE now has the ability to send you back to your home country. If you won your case, then this means that for those in ICE custody, ICE must release you (unless you were granted some minimal form of relief such as withholding of removal). 

If you lost your appeal, usually you will have one final chance to have your case heard before a judge. Up until now, all of the judges that have made a decision are called administrative law judges or ALJs for short. At this point, you have not had a chance to bring your case before an Article III judge. An Article III judge is a Judge that has been appointed by the President of the United States. One of the purposes of an Article III judge is to provide a check upon an administrative law judge and hold them accountable in the event the ALJ abused its decision making power and erred in its decision. 

Appeals to an Article III judge are filed with the United States Court of Appeals that has jurisdiction over your case. For cases in Louisiana, Mississippi and Texas, the federal court with jurisdiction is the United States Court of Appeals for the Fifth Circuit. An appeal must be filed within 30 calendar days of the decision made by the Board of Immigration Appeals and instead of filing a Notice of Appeal like you do with the Board of Immigration Appeals, you will file a Petition for Review. After filing the petition for review, you will be given a chance to brief your case with the appellate court. 

Usually, once the court of appeals makes a decision in your case, your case is over. In extremely rare cases with significant constitutional ramifications, you will have a chance to have your case heard by the United States Supreme Court. 

Board of Immigration Appeals attorneys at Liberty Law Group have filed countless appeals, not only with the Board of Immigration Appeals, but also with the United States Court of Appeals for the Fifth Circuit. If you are looking for an immigration attorney to appeal your immigration case for you, you have come to the right place. Give us a call today and allow us to provide you with a free consultation. 

Alexandria Office
4011 Parliament Drive
Alexandria, Louisiana 71303
(318) 528-0700
chris@libertylawgroupla.com

Shreveport Office
331 Milam Street
​Suite 200
Shreveport, Louisiana 71101
​(318) 383-2825

What Our Clients Are Saying

"Such a Wonderful Human!
I was in deportation process for seven years; my deportation/asylum court hearing was postponed several times. At this point, I contacted Chris. I told him my personal story- I was tortured in Syria and seeked asylum in the US. When I arrived in the US, I was detained for 48 days in Houston once I arrived. Chris was so moved by my experience, that offered to take my case for free! Chris gathered all the necessary documents from me and went through great efforts on my behalf. He looked up related events and updated my whole case. The night before my deportation/asylum hearing, we went over the entire folder as well as about 100 questions he had previously prepared. The hearing was initially estimated to last for about an hour by my previous Pro Bono attorney; in reality, the hearing lasted 3 hours. Chris asked me all the questions he had prepared to demonstrate the truth about my story. The prosecutor ended up having only a couple of questions; Chris interfered to explain her questions to me and make my answers more to the point and more helpful to my case. Chris had to undergo surgery a few days before the hearing and yet, he drove all the way to Houston, carried the entire 12 inch thick folder for about a 15 minutes walk, and didn’t tell me about this until the break in the middle of the hearing. His confidence before the hearing, as well as during, was unparalleled and impressive! He connected on a personal level and knew what to ask and how to tackle the case and he just did. Thanks to Chris, I am an asylee. I am not in immigration-status limbo anymore; I am able to thrive and continue my career as a pathologist in the US thanks to Chris. I am eternally thankful and grateful to him for his dedication, compassion, knowledge, and his kindness!"

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  • Home
  • PRACTICE AREAS
    • Immigration Bonds
    • Asylum
    • Deportation defense >
      • Immigration Appeals
    • Green Cards
    • Nonimmigrant Visas >
      • E2 Visas
      • H-2A Visas
      • H-2B Visas
      • K-1 Visas
    • Civil Litigation
  • About
  • Blog
  • Contact
  • Immigration Courts and Detention Centers
    • Adams County Correctional Center
    • Houston Processing Center
    • Richwood Correctional Center
    • South Louisiana Correctional Center
    • River Correctional Center
    • Jackson Parish Correctional Center
    • Winn Correctional Center
    • Lasalle ICE Processing Center
    • Pine Prairie ICE Processing Center
    • Lasalle Immigration Court
    • Oakdale Immigration Court
    • New Orleans Immigration Court
    • Tallahatchie County Correctional Facility
  • Locations
    • Liberty Law Group Shreveport Office
    • Liberty Law Group Alexandria Office
    • Monroe Service Location