BIA and AAO appeals

When you can appeal, and to whom

Two different bodies hear most immigration appeals, and which one applies depends on who denied the case:

• The Board of Immigration Appeals (BIA) reviews decisions of immigration judges, for example a removal order or a denial of relief in immigration court.
• The Administrative Appeals Office (AAO) reviews certain decisions made by USCIS on petitions and applications, such as some family or employment petitions and waivers.

Knowing the right forum, and the right deadline, is the first step, because filing in the wrong place or a day late can end the case.

Appealing to the Board of Immigration Appeals

To appeal an immigration judge's decision to the BIA, a Notice of Appeal (Form EOIR-26) generally must be filed within 30 days of the judge's decision. The appeal is decided on the record from the immigration court, supported by a written brief that explains the legal and factual errors in the decision. A clear, well-supported brief is often what makes the difference on appeal, and preparing one is a core part of the firm's appellate work.

Appealing a USCIS decision to the AAO

Many USCIS denials that can be appealed are challenged using Form I-290B, generally within 30 days of the decision. In some situations the same form is used to file a motion instead of, or along with, an appeal. Because not every denial can be appealed to the AAO, and some have other routes, it is important to read the denial notice carefully and act quickly.

Motions to reopen and motions to reconsider

Aside from an appeal, two kinds of motions can ask the same office to take another look:

• A motion to reconsider argues that the decision was legally wrong based on the evidence already in the record.
• A motion to reopen presents new facts and evidence that were not available before.

These motions have their own deadlines and limits. Choosing between an appeal, a motion, or both is a strategic decision that depends on why the case was denied.

Beyond the agency: review in federal court

When the Board of Immigration Appeals issues a final removal order, review may still be available by filing a petition for review in the appropriate U.S. Court of Appeals (INA section 242). The deadline for that petition is very short and is strictly enforced. The firm evaluates whether federal court review is an option and preserves the client's rights while that decision is made.

What a strong appeal looks like

An appeal is not a second trial. It is a focused argument that the decision below got the law or the facts wrong, built on the existing record and a clear written brief. A strong appeal identifies the specific errors, ties them to the governing statutes, regulations, and case law, and explains why the result should change. Careful reading of the decision, the transcript, and the record is where that work begins, and it is what the firm brings to every appeal.

Appeals and motions succeed for concrete reasons: the decision applied the wrong legal standard, overlooked or misread key evidence, failed to consider a form of relief the person qualified for, or rested on a factual finding the record does not support. Identifying which of these applies to your case, honestly and precisely, is the difference between a filing that has a real chance and one that does not.

Acting quickly to protect your rights

Because appeal and motion deadlines are short and strictly enforced, the days right after a denial matter. Waiting to see what happens, or hoping the problem resolves itself, can quietly close the door on a case that could have been saved. If you have received an unfavorable decision from an immigration judge or USCIS, the safest step is to have an attorney review it right away, so the correct filing is made in the right place before time runs out.

Questions about bia and aao appeals