New York City — All Five Boroughs
A removal order or denied petition is not always the end. Mandi Law Group handles BIA appeals, motions to reopen, motions to reconsider, and federal court petitions for review for NYC immigrants. Act quickly — deadlines are strict. Call (518) 698-0347.
An adverse decision from the New York Immigration Court at 26 Federal Plaza — a removal order, a denied asylum claim, a denied cancellation of removal — triggers strict appellate deadlines. The Board of Immigration Appeals in Falls Church, Virginia reviews all immigration court decisions nationally, and the U.S. Court of Appeals for the Second Circuit in Manhattan reviews BIA decisions from New York cases. These appellate bodies have reversed immigration court decisions in countless cases where legal errors were made.
Mandi Law Group handles immigration appeals at every level — from the BIA through the Second Circuit. We review immigration court transcripts and decisions, identify legal errors, and build the strongest possible appellate record. If you or a family member received an adverse immigration court decision, call immediately.
Call (518) 698-0347 — the 30-day BIA appeal deadline cannot be extended.
When an immigration judge issues a removal order or denies relief, you have 30 days to file a Notice of Appeal with the Board of Immigration Appeals. We prepare detailed BIA briefs arguing legal error, discretionary abuse, or insufficient weight given to hardship evidence — giving clients a full second review by the nation's highest administrative immigration court.
A motion to reopen asks the immigration court or BIA to revisit a case based on new facts or evidence that was not available at the prior hearing. Motions to reopen are available before both the immigration court and the BIA, with time and numerical limits that require prompt action. We file motions to reopen for clients who have new evidence, changed country conditions, or ineffective assistance of prior counsel.
A motion to reconsider argues that the court made a legal error in applying the law to the facts of your case. Unlike a motion to reopen (which presents new facts), a motion to reconsider argues that the existing record was incorrectly decided. We identify legal errors in immigration court decisions — misapplication of hardship standards, wrong legal framework for cancellation of removal, erroneous asylum analysis — and argue them in motions to reconsider.
When the BIA affirms a removal order, clients can petition the U.S. Court of Appeals for the Second Circuit (which covers New York) for judicial review. Federal court review focuses on legal questions and constitutional issues. We file Second Circuit petitions for review for NYC clients with meritorious legal arguments, and seek stays of removal to prevent deportation during the appeal.
An automatic stay of removal is in effect when a timely BIA appeal is filed. For federal court petitions, we file emergency motions for stay of removal with the Second Circuit or with DHS/ICE directly, preventing deportation while the appeal is pending. Obtaining a stay of removal is often the most urgent step when a client faces imminent removal.
Not all immigration appeals go to the immigration court. USCIS denials of petitions — I-130 family petitions, I-140 employment-based petitions, N-400 naturalization denials — can be appealed to the USCIS Administrative Appeals Office (AAO) or the BIA depending on the form type. We identify the correct appellate body and file timely appeals of all USCIS adverse decisions.
You have 30 calendar days from the date of the immigration judge's decision to file a Notice of Appeal with the Board of Immigration Appeals (Form EOIR-26). This deadline is strict — missing it by even one day generally forfeits your right to appeal to the BIA. If you received an in absentia removal order (issued because you didn't appear for your hearing), different procedures apply — you must file a motion to reopen rather than a BIA appeal, with a 180-day deadline if you had a legitimate reason for missing the hearing, or no time limit if you never received proper notice. Contact an immigration attorney immediately after any unfavorable immigration court decision.
BIA appeal success rates vary significantly by case type and the strength of the legal arguments. The BIA reviews immigration judge decisions for legal error, not just factual disagreement — it gives deference to factual findings the immigration judge made that were supported by the record. Cases with clear legal errors (wrong legal standard applied, failure to consider all relevant hardship factors, improper credibility findings without record support) have stronger appeal prospects. Cases where the immigration judge simply weighed the evidence differently are harder to win on appeal. A frank assessment requires reviewing the specific hearing transcript and decision. We provide honest evaluations of appeal prospects before taking on BIA cases.
Yes. After the BIA issues a final order of removal, you have 30 days to file a petition for review with the U.S. Court of Appeals for the Second Circuit if your case arose in New York. The Second Circuit reviews BIA decisions for legal error and constitutional violations. Not all issues are reviewable — factual findings are generally unreviewable unless they involve a legal question (such as what standard was applied). Criminal conviction bars may limit federal court review in some cases. The Second Circuit has issued significant immigration decisions protecting New York immigrants, and experienced appellate counsel can identify reviewable legal issues that warrant federal court intervention.
A motion to reopen asks the immigration court or BIA to reopen your case to consider new evidence or arguments that were not presented at the original hearing. You typically have 90 days from the final order to file a motion to reopen, though exceptions exist for changed country conditions (no time limit), in absentia orders (180 days with cause, no limit for lack of notice), and cases involving ineffective assistance of prior counsel. New evidence might include: changed country conditions in your home country since the hearing; evidence of changed personal circumstances; evidence of ineffective assistance by a prior attorney; or new eligibility for relief (such as a qualifying U.S. citizen family member). We file motions to reopen strategically when there are genuine new facts that could change the outcome.
Ineffective assistance of prior counsel is a recognized basis for a motion to reopen, under the Matter of Lozada requirements. To reopen based on an attorney's failures, you must: (1) file a complaint with the relevant state bar or explain why you did not; (2) give the former attorney notice and an opportunity to respond; and (3) demonstrate that the attorney's performance was deficient and that the deficient performance prejudiced your case (i.e., you had a plausible claim for relief that was not properly presented). This is a complex procedural path, but it has allowed many clients who received inadequate legal representation to get a second chance. Contact us immediately if you believe your prior attorney made serious errors — time limits apply.
You have 30 days to appeal to the BIA. Do not wait. Contact Mandi Law Group immediately for a review of your immigration court decision.