If you lose your case before the Immigration Judge, you can appeal to the Board of Immigration Appeals. Once the Immigration Judge orders you deported, you have 30 days to file a notice of appeal. When you file an appeal of an Immigration Judge’s deportation order, you cannot be deported while the appeal is pending.
The Board of Immigration Appeals is located in Falls Church, Virginia. Unlike Immigration Court, there is no testimony taken at the Board. At this stage, the case is about reviewing what happened before the Immigration Court and convincing the Board that the Immigration Judge was wrong. The Board rarely ever has oral argument. As a result, virtually all of the work that is done at the Board is done in writing. Sometime after the notice of appeal is filed, the Board prepares a transcript of the deportation proceedings. After the transcript is received, a brief must be filed that argues that the decision of the Immigration Judge should be overturned. Thus, if your case is at the Board, you need a lawyer that excels at legal writing.
About Motions to the Board of Immigration Appeals
If you lose your appeal before the Board, you can file a motion to reconsider within 30 days of the Board’s decision. A motion to reconsider argues that there is an error in the Board’s decision. If you lose your appeal before the Board, you can file a motion to reopen within 90 days of the Board’s decision. A motion to reopen presents new evidence to the Board that was not previously available.