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.
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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.
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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.
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.
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.
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.
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.
Our team works in English, Hindi, Urdu, Gujarati, and Swahili, and arranges interpreters for other languages. Consultations are by phone, by video, or in person at 22 Century Hill Dr #101 in Latham, our only New York office. Questions between filings go to the attorney handling the matter.
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.
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.
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.
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.
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.
Helpful official resources for removal proceedings, BIA appeals, and immigration court matters:
Reaching out doesn't commit you to anything. Here is exactly what happens when you contact Mandi Law Group.
Reach out by phone or through our contact form. Your first conversation is confidential, with no obligation to hire us.
Bring your documents and any notices you've received. We review your situation and explain your options in plain language.
You'll get a written fee quote before any work begins. Many matters are billed as a flat fee, and payment plans are available.
Once you decide to move forward and sign a retainer agreement, we begin working on your case immediately.
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.
Disclaimer: This content is for informational purposes and not legal advice. Immigration law is fact specific and outcome dependent. Consult a licensed attorney about your individual situation.