If the immigration judge denies the application filed in court, the individual may reserve the right to appeal to the Board of Immigration Appeals (BIA). The appeal must be filed in writing within 30 calendar days of the judge’s decision. The Board will review the entire record and the transcript of the hearing before the immigration judge to determine whether the judge made an error.
As part of the appeal request, a legal brief must be submitted to the Board detailing each of the errors made by the Judge and explaining why his or her decision was contrary to the law and/or higher court decisions, among others. This is very technical. Having an experienced attorney can significantly increase your chances of prevailing in your appeal.
Advantages of appealing case:
- the person cannot be deported;
- the Board’s final decision can take a long time, even years;
- You may be able to apply for a work permit.
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