An unfavorable decision from an immigration judge does not have to be the final word. Our deportation appeals attorneys in Albany and the Capital District represent individuals before the Board of Immigration Appeals and the federal courts, challenging errors of law and fact to overturn removal orders and preserve your right to remain in the United States.
When an immigration judge in Albany, Buffalo, or New York City denies a claim for relief from removal, the respondent has the right to appeal that decision to the Board of Immigration Appeals (BIA), the highest administrative body for interpreting and applying immigration law. The BIA reviews the immigration judge's decision for errors of law, clearly erroneous factual findings, and abuse of discretion. A well-prepared appeal can result in reversal of the immigration judge's decision, a remand for further proceedings, or a new hearing on issues that were not properly addressed below.
If the BIA affirms the removal order, the respondent may seek review in the federal courts. For cases originating in New York, the United States Court of Appeals for the Second Circuit has jurisdiction over petitions for review of final orders of removal. Federal court review is limited to legal and constitutional questions, but it provides a critical check on errors committed by the immigration courts and the BIA. Our attorneys in Albany and the Capital District have experience at every level of the appellate process and pursue each case with the thoroughness and urgency it demands.
In addition to direct appeals, motions to reopen provide an important avenue for challenging final removal orders. A motion to reopen may be based on new evidence that was not available at the original hearing, changed country conditions in the respondent's home country (particularly relevant in asylum cases), or ineffective assistance of prior counsel under the framework established in Matter of Lozada. Motions to rescind in absentia removal orders are also available when the respondent did not receive proper notice of the hearing or can demonstrate exceptional circumstances for their absence.
Throughout the appellate process, preserving the respondent's physical presence in the United States is paramount. Stays of removal — whether automatic, granted by the BIA, or ordered by a federal court — prevent the government from executing a removal order while the appeal is pending. Without a stay, the respondent risks being deported before the appeal is decided, which can render the appeal moot in practical terms. At Mandi Law Group, our deportation appeals attorneys move swiftly to secure stays of removal and protect our clients at every stage of the process.
You have only 30 days from the immigration judge's decision to file an appeal with the Board of Immigration Appeals. This deadline is absolute and cannot be extended. Immediate action is critical to preserve your right to appeal and to request a stay of removal that prevents deportation while the appeal is pending. Contact our office immediately.
(518) 698-0347Our deportation appeals practice covers every stage of the appellate process — from the initial BIA appeal through federal court petitions for review, motions to reopen, and emergency stays of removal.
When an immigration judge issues an unfavorable decision, the respondent has the right to appeal to the Board of Immigration Appeals (BIA) by filing Form EOIR-26, Notice of Appeal, within 30 days of the immigration judge's oral decision or the mailing of a written decision. This deadline is jurisdictional and cannot be extended. Our attorneys prepare comprehensive appellate briefs that identify errors of law and fact in the immigration judge's decision, argue for reversal or remand under the applicable standards of review — including de novo review for questions of law, clear error review for factual findings, and abuse of discretion review for discretionary determinations. We request oral argument before the BIA when it will strengthen the case, and we ensure that all issues are properly preserved and presented for appellate consideration.
If the Board of Immigration Appeals affirms or dismisses an appeal, the respondent may file a petition for review with the appropriate federal circuit court — the United States Court of Appeals for the Second Circuit for cases originating in New York. Petitions for review must be filed within 30 days of the BIA's final order. Our attorneys navigate the exhaustion requirement, ensuring that all claims raised in federal court were first presented to the BIA. We pursue constitutional claims and questions of law that are reviewable even in cases involving criminal grounds of removal, file motions for stays of removal to prevent deportation while the petition is pending, and prepare thorough briefs addressing the legal errors that require reversal or remand.
A motion to reopen asks the immigration judge or the BIA to reopen proceedings based on new facts or evidence that was not available at the time of the original hearing. Motions to reopen are subject to strict numerical and time limitations — generally, one motion within 90 days of the final order — but important exceptions apply. Motions based on changed country conditions in asylum cases have no time limit. Motions to rescind in absentia removal orders may be filed within 180 days (exceptional circumstances) or at any time if the respondent did not receive proper notice. Claims of ineffective assistance of prior counsel, governed by the requirements of Matter of Lozada, can also form the basis for reopening. Our attorneys thoroughly investigate each case, gather new evidence, and prepare meticulously documented motions that meet the legal standards for reopening.
A stay of removal prevents the government from executing a removal order while an appeal or motion is pending, providing critical protection against deportation during the appellate process. Filing an appeal with the BIA does not automatically stay removal in all cases — automatic stays apply only in certain circumstances, such as when the respondent was granted voluntary departure but appeals the underlying decision. When an automatic stay does not apply, our attorneys file motions for a stay of removal with the BIA, demonstrating that the respondent is likely to succeed on appeal and that removal would cause irreparable harm. In urgent situations, we seek emergency stays from the federal circuit court, filing emergency motions with the Second Circuit to prevent removal while a petition for review is pending. Timely action is essential — once removal is executed, reopening the case becomes significantly more difficult.
From filing the initial notice of appeal through the final resolution, our attorneys follow a rigorous process designed to identify every error and pursue every available avenue for relief.
After an unfavorable immigration judge decision, we immediately file Form EOIR-26 (Notice of Appeal) with the Board of Immigration Appeals within the strict 30-day deadline. We review the transcript of the proceedings, identify all appealable issues, and request a stay of removal when needed to protect you from deportation during the appeal.
We prepare a comprehensive appellate brief that identifies every error of law and fact in the immigration judge's decision, applies the correct standards of review, cites relevant BIA and federal court precedent, and argues persuasively for reversal or remand. The quality of the appellate brief is the single most important factor in the outcome of the appeal.
When oral argument will strengthen the case, we request the opportunity to appear before the BIA. If the BIA denies relief, we file a petition for review with the Second Circuit, prepare federal court briefs, and advocate for our client at every level of the appellate process, raising constitutional claims and questions of law.
We pursue the case to its final resolution — whether that means a favorable BIA decision reversing the immigration judge, a remand for further proceedings, a successful petition for review in federal court, or a motion to reopen based on new evidence or changed circumstances. We exhaust every available avenue to achieve the best possible outcome.
The appellate process in immigration law involves strict deadlines, technical legal standards, and procedural requirements that must be followed precisely. Understanding these key considerations is essential to a successful appeal.
The deadline to file an appeal with the Board of Immigration Appeals is 30 days from the date of the immigration judge's oral decision or the mailing of a written decision. This deadline is jurisdictional — it cannot be extended, tolled, or waived for any reason. If the appeal is not filed within 30 days, the right to appeal is permanently lost. If you have received an unfavorable decision from an immigration judge, contact an attorney immediately to ensure your appeal rights are preserved. Even a single day's delay beyond the deadline will result in dismissal of the appeal.
The BIA and federal courts generally will not consider issues that were not raised before the immigration judge. This principle, known as issue exhaustion, means that your attorney must identify and argue all potential legal issues during the proceedings before the immigration judge, including objections to evidence, challenges to the government's legal theories, and arguments for each form of relief. Failure to raise an issue at the trial level can result in waiver of that issue on appeal, permanently foreclosing it as a basis for reversal.
The BIA applies different standards of review depending on the type of issue on appeal. Questions of law are reviewed de novo, meaning the BIA evaluates the legal issue independently without deference to the immigration judge. Factual findings are reviewed for clear error, meaning the BIA will not disturb the immigration judge's factual determinations unless they are clearly wrong. Discretionary decisions are reviewed for abuse of discretion, a highly deferential standard. Understanding which standard applies to each issue is critical to framing effective appellate arguments.
Even after a final removal order, the case may not be over. If new evidence becomes available that was not and could not have been presented at the original hearing, a motion to reopen may be filed. In asylum cases, changed country conditions in the respondent's home country can serve as a basis for reopening without any time limitation. Additionally, if prior counsel provided ineffective assistance — such as failing to file an application for relief, missing a filing deadline, or failing to present material evidence — the case may be reopened under the framework established in Matter of Lozada, provided the procedural requirements are met.
Answers to some of the most frequently asked questions about deportation appeals, BIA proceedings, federal court review, and motions to reopen. Every situation is unique — consult with our attorneys for guidance specific to your case.
You have exactly 30 days from the date of the immigration judge's oral decision in court, or from the date a written decision is mailed, to file Form EOIR-26 (Notice of Appeal) with the Board of Immigration Appeals. This deadline is strictly enforced and cannot be extended for any reason. If you miss the 30-day window, your right to appeal is permanently lost. If you have received an unfavorable decision, contact our office immediately so we can file the appeal and begin preparing your case.
After the Notice of Appeal is filed, both parties have the opportunity to submit written briefs to the BIA. The respondent's brief identifies the errors of law and fact in the immigration judge's decision and argues for reversal or remand. The government may file an opposing brief. The BIA may decide the case based on the briefs alone, or it may schedule oral argument. The BIA can affirm the immigration judge's decision, reverse it, remand the case for further proceedings, or dismiss the appeal. Processing times vary, but BIA appeals typically take several months to over a year to be decided.
It depends on the circumstances. Filing an appeal with the BIA does not automatically stay removal in all cases. An automatic stay applies when the immigration judge granted voluntary departure and the respondent appeals the underlying denial of relief. In other situations, you or your attorney must affirmatively request a stay of removal from the BIA or, if necessary, from the federal circuit court. Our attorneys assess whether an automatic stay applies and, when it does not, promptly file motions for a stay of removal to protect you from deportation while the appeal proceeds.
A petition for review is the mechanism by which a respondent challenges a final order of removal in federal court after the BIA has issued its decision. For cases originating in New York, petitions for review are filed with the United States Court of Appeals for the Second Circuit. The petition must be filed within 30 days of the BIA's final order. The federal court reviews legal and constitutional questions but generally does not re-weigh factual evidence. Our attorneys file petitions for review when the BIA has committed legal errors, and we seek stays of removal from the Second Circuit to prevent deportation while the case is pending.
A motion to reopen asks the immigration judge or the BIA to reopen your case based on new evidence or changed circumstances. Generally, you may file one motion to reopen within 90 days of the final order. However, critical exceptions exist: motions based on changed country conditions in asylum cases have no time limit; motions to rescind in absentia orders may be filed within 180 days for exceptional circumstances or at any time if you did not receive proper notice of your hearing; and motions based on ineffective assistance of counsel may be filed outside the normal time limits when the requirements of Matter of Lozada are met.
Ineffective assistance of counsel in immigration proceedings refers to situations where prior legal representation fell below a reasonable standard of competence and the deficient performance prejudiced the outcome of the case. Common examples include failing to file an application for relief, missing a filing deadline, failing to present available evidence, providing incorrect legal advice that caused the client to waive rights, or failing to appear at a hearing. To pursue a motion to reopen based on ineffective assistance, you must satisfy the procedural requirements of Matter of Lozada, which typically include notifying prior counsel, filing a complaint with the relevant disciplinary authority, and providing an affidavit detailing the deficient representation.
If you were ordered removed in absentia — meaning you did not appear at your scheduled hearing — you may file a motion to reopen to rescind the in absentia order. You can file within 180 days of the order if you can demonstrate exceptional circumstances that prevented your attendance, such as a serious illness, a death in the family, or other extraordinary factors beyond your control. You may also file at any time if you can show that you did not receive proper notice of the hearing or if you were in federal or state custody at the time of the hearing. Our attorneys review the circumstances of the in absentia order and pursue the appropriate motion to reopen.
If the BIA denies your appeal, you have several potential options. First, you may file a petition for review with the United States Court of Appeals for the Second Circuit within 30 days, challenging legal errors in the BIA's decision. Second, you may file a motion to reconsider with the BIA within 30 days, arguing that the BIA misapplied the law or made an error based on the existing record. Third, you may file a motion to reopen if new evidence or changed circumstances have arisen since the BIA's decision. Our attorneys evaluate each option based on the specific facts and legal issues in your case and pursue the course of action that offers the strongest path forward.
Our deportation defense practice covers every stage of removal proceedings, from initial defense through the final appeal.
Our attorneys provide comprehensive legal services across multiple practice areas.
Helping families stay together through marriage-based green cards, fiance visas, family reunification petitions, and relative sponsorship applications.
Strategic visa solutions for employers and professionals, including H-1B specialty workers, L-1 transfers, EB-5 investors, and PERM labor certification.
Guiding lawful permanent residents through the naturalization process, from application preparation and test readiness to interview coaching and document review.
Aggressive defense for individuals facing removal proceedings, including asylum claims, cancellation of removal, and appeals before immigration courts.
Compassionate representation for individuals seeking protection from persecution, including asylum applications, refugee processing, and CAT protection claims.
Comprehensive immigration compliance solutions for businesses, including I-9 audits, global mobility programs, and immigration policy development.
Experienced advocacy for individuals seeking waivers of inadmissibility, including I-601 hardship waivers, I-601A provisional waivers, and fraud waivers.
Dedicated legal support for crime victims seeking U-visa immigration relief, including certification assistance, application filing, and family derivative petitions.
Skilled appellate representation before the BIA and federal courts, including motions to reopen, motions to reconsider, and appeals of adverse immigration decisions.
An unfavorable decision from an immigration judge is not the end. Our experienced deportation appeals attorneys in Albany and the Capital District challenge removal orders before the Board of Immigration Appeals, the Second Circuit Court of Appeals, and through motions to reopen. Every consultation is confidential and without obligation.