If the judge ruled against you, or you just learned about an old order
People come to us in two situations. In the first, they sat in the courtroom and heard the judge deny their asylum, cancellation or other application. The clock for an appeal started that day. In the second, they never knew they had a case, or they missed a hearing long ago, and now a removal order has surfaced at a traffic stop, an ICE check-in or a USCIS interview.
Both situations are serious, and both may have a remedy. The key is to act immediately and to bring every document you have: the judge's decision, the Notice to Appear, hearing notices, your old address history, and anything that has changed since the decision.
Immigration law is federal, so these rules apply the same way in Virginia, Maryland and DC.
How a BIA appeal works
The Board of Immigration Appeals (BIA) is the appeals body for the immigration courts (EOIR). It reviews whether the immigration judge applied the law correctly and whether the findings were supported by the record. It does not hold a new hearing, and it generally does not accept new evidence.
The steps look like this:
- File the Notice of Appeal (Form EOIR-26) with the BIA within 30 days of the judge's decision. A late appeal is almost always dismissed, no matter how strong it is.
- The BIA prepares the record and transcript of your hearing and sets a briefing schedule.
- Your lawyer writes the brief: the legal argument explaining the judge's errors, with citations to the transcript and the law. The DHS attorney may file a response.
- The BIA decides on the papers. It can affirm the judge, reverse, or send the case back (remand) for more proceedings.
- If the BIA rules against you, a petition for review may be filed in the federal court of appeals, which has its own short deadline.
Motions to reopen and motions to reconsider
A motion to reopen asks the immigration judge or the BIA to open a closed case because of new facts or evidence that were not available before. Common reasons include a new family petition, changed conditions in your home country for an asylum claim, ineffective assistance by a previous lawyer, or an in absentia order entered when you never received notice of the hearing.
Motions to reopen generally must be filed within 90 days of the final decision, but there are important exceptions. Motions based on changed country conditions for asylum, motions to rescind an in absentia order for lack of notice, and joint motions agreed to by DHS may be filed outside that window. Some orders can also be reopened by the court on its own authority in rare cases.
A motion to reconsider is different. It argues that the judge or the BIA made a legal or factual error based on the record that already exists. It has its own, shorter filing window. Choosing the wrong motion can cost you the only chance you have, so the choice should be made carefully.
What an immigration appeals lawyer at USG Law Group does
First, we calculate your deadline and protect it. If you are close to the 30-day limit, filing the Notice of Appeal comes before everything else. Then we obtain the full record, including the hearing recording and the judge's decision, and review it line by line for errors.
For an appeal, we write a focused brief on the issues that can actually change the result. For a motion to reopen, we gather the new evidence, document why it was not available earlier, and, when there is a risk of removal while the motion is pending, request a stay of removal.
Attorney Sandra Leiva handles our immigration court (EOIR) work, including the hearings that lead to these appeals. If your case is remanded, we represent you at the new hearing as well. If another firm handled your case, we review the file and tell you honestly whether an appeal or motion is worth pursuing.
What can go wrong
The biggest danger is time. Missing the 30-day appeal deadline usually ends the case, and motions to reopen filed late without a valid exception are denied. Another common problem is thinking a motion stops your removal. Unlike a timely appeal, a motion to reopen does not automatically pause removal, so a separate stay request may be needed.
Appeals are also limited to the record. If important evidence was never presented to the judge, the BIA will usually not consider it, and the right vehicle may be a motion to reopen instead. Finally, filing a weak appeal only to buy time can backfire and is not something we will do.
If this sounds like your situation, bring your paperwork to the free consultation as soon as possible.
Why clients choose USG Law Group for appeals and motions
Attorney Marianela Uribe, our founder, is an immigrant herself. She is licensed in Maryland and Virginia and serves clients in Washington DC. Clients tell us we explain everything in detail and that we move quickly, which matters when the calendar is against you.
We offer evening, weekend and virtual appointments, payment plans, in English or Spanish. Related pages: Deportation Defense, Immigration Court, Cancellation of Removal, and ICE Check-In Accompaniment.
