§Board of Immigration Appeals Attorney

Board of Immigration Appeals Attorney in New York BIA Appeal Strategy

Mandi Law Group represents clients appealing an immigration judge's decision to the Board of Immigration Appeals, from filing the Notice of Appeal within the 30-day deadline through briefing, oral argument where available, and post-decision options like a motion to reopen or reconsider.

It walks through the BIA appeal timeline in the order it actually runs, since missing an early deadline forecloses the rest of the process.

Serving New York City and statewide removal defense, appeals, and immigration court matters from Latham.

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Confidential. Paid consultations with payment plans available. Immigration matters only, NY & CT.

ATTORNEY ADVERTISING. This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome.

01What to know

The Board of Immigration Appeals timeline, deadline by deadline

An appeal to the Board of Immigration Appeals starts with the Notice of Appeal, Form EOIR-26, which has to be filed within 30 calendar days of the immigration judge's decision, a deadline that is jurisdictional, meaning the Board generally cannot accept a late-filed appeal no matter how strong the underlying legal argument is. After the notice is filed, the Board sets a briefing schedule; the appellant's brief has to identify the specific factual and legal errors in the immigration judge's decision, since the BIA generally reviews factual findings for clear error and legal questions de novo, and a brief that just re-argues the case without engaging that standard is far less persuasive.

Not every case that reaches the Board wins simply by being appealed. Many appeals are summarily affirmed or decided by a single Board member without oral argument, and the cases most likely to succeed are the ones that identify a specific, documented error rather than a general disagreement with the outcome. If the Board denies the appeal, options do not necessarily end there: a motion to reconsider asks the Board to revisit its own decision based on an error of law or fact, a motion to reopen asks for the case to be reopened based on new evidence, and in some cases a petition for review can be filed with the relevant federal circuit court, each with its own separate and unforgiving deadline.

02Services

What we handle: an appeal to the Board of Immigration Appeals

Notice of Appeal (EOIR-26) filed within 30 days of the immigration judge's decision — a deadline that is strictly enforced, though the Board has held it can be equitably tolled in limited circumstances
Record review to identify specific factual and legal errors in the immigration judge's decision worth briefing
Appellate brief drafting matched to the correct standard of review, clear error for facts and de novo for legal questions
Stay of removal analysis and requests where deportation risk exists while the appeal is pending
Motion to reopen or reconsider strategy for cases where the Board has already ruled or new evidence has emerged
Petition for review coordination with federal circuit court counsel when BIA remedies have been exhausted

03Why this firm

Why clients hire us for an appeal to the Board of Immigration Appeals

Documents reviewed before anything is filed: We read the file first — EOIR-26 and EOIR-27, and the evidence behind them — and flag what is missing, inconsistent, or likely to draw a question while there is still time to fix it. A gap caught before filing costs far less to close than the same gap raised in a Request for Evidence months later.
Relief identified from the record, not from hope: What is available in immigration court depends on entry date, time in the country, criminal history, and qualifying relatives. Those facts have to be established before a strategy means anything. For BIA notices, briefs, stays, and appellate strategy, that means deciding what to file, in what order, and what the record has to show before anything is submitted.
Deadlines tracked in writing: A notice of appeal to the Board of Immigration Appeals must generally be received within 30 calendar days of the immigration judge's decision. This deadline is strict and is not extended by mailing time. Every date in the matter is calendared, and you hear about what is due before it is due rather than after.
The appeal protected while the hearing is fought: If the immigration judge denies relief, Form EOIR-26 must be filed within 30 calendar days, and that deadline is jurisdictional. We preserve the record during the hearing so an appeal has something to work with, and analyze stay of removal and motions to reopen where they apply.
Fees quoted up front, payment plans available: What we charge for an appeal to the Board of Immigration Appeals depends on what stage the case has reached, whether the client is detained, and which forms of relief are realistically available. You get the number at the consultation, in writing, with government filing fees listed separately so you can see what is a legal fee and what goes to the agency. Payment plans are available.
You talk to the attorney, in your language: The firm's attorneys work in English, Spanish, Hindi, Urdu, Gujarati, and Swahili, and arrange certified interpreters for other languages. Consultations are by phone, by video, or in person at 22 Century Hill Dr #101 in Latham — the firm's only office, which welcomes walk-ins Monday to Friday, 9:00 to 18:00 ET, and Saturdays by appointment. Consultations are confidential and paid, with payment plans available, and the fee is quoted in writing before any work starts. Questions between filings go to the attorney handling the matter.

04Questions clients ask

Board of Immigration Appeals Attorney in New York BIA Appeal Strategy FAQs

How long do I have to appeal an immigration judge's decision?

The Notice of Appeal, Form EOIR-26, must generally be filed within 30 calendar days of the immigration judge's oral or written decision. This deadline is treated as jurisdictional, meaning a late filing is typically not accepted regardless of the merits.

Does filing an appeal stop deportation while the case is pending?

In most cases, filing a timely appeal automatically stays removal while the Board of Immigration Appeals reviews the case. Certain case types have different rules, which is part of why confirming the applicable stay rule early in the process matters.

What does the Board actually review on appeal?

The Board reviews the immigration judge's factual findings for clear error, meaning it defers unless the finding was clearly wrong, and reviews legal questions de novo, meaning without deference to the judge's legal conclusions. An effective brief is built around that distinction.

What happens if the Board denies the appeal?

Options can include a motion to reconsider, based on an error in the Board's own decision, a motion to reopen, based on new evidence not previously available, or a petition for review filed with the relevant federal circuit court, each governed by separate and strict deadlines.

Is this legal advice?

No. Appellate strategy before the Board of Immigration Appeals depends on the specific record, the grounds for appeal, and applicable deadlines, all of which require individualized review of the case file.

05Related pages

Official Immigration Court Resources

Helpful official resources for removal proceedings, BIA appeals, and immigration court matters:

What to Expect From a Confidential Consultation

Reaching out doesn't commit you to anything. Here is exactly what happens when you contact Mandi Law Group.

Step 1: Call or send the form
Reach out by phone or through our contact form. Your first conversation is confidential, with no obligation to hire us.
Step 2: Case review with an attorney
Bring your documents and any notices you've received. We review your situation and explain your options in plain language.
Step 3: Clear fee quote in writing
You'll get a written fee quote before any work begins. Many matters are billed as a flat fee, and payment plans are available.
Step 4: We start work right away
Once you decide to move forward and sign a retainer agreement, we begin working on your case immediately.

§Talk to us

Questions about an appeal to the Board of Immigration Appeals?

Call (518) 698-0347 or request a consultation. We will look at BIA notices, briefs, stays, and appellate strategy, tell you what the realistic options are, and quote the fee before any work starts.