Appealing Your Case

If you lost your immigration case in court and disagree with the decision, you may be able to appeal the case to the Board of Immigration Appeals (BIA). The BIA is the highest administrative body for interpreting and applying immigration laws in the US. It is part of the Executive Office for Immigration Review (EOIR) which is an agency within the US Department of Justice.

To appeal your case to the BIA, you must file a Notice of Appeal within 30 days of the immigration judge's decision. You can do this by completing Form EOIR-26 and submitting it to the immigration court that heard your case. You can also file an appeal by mail or online through the EOIR's Electronic Filing System.

In your appeal, you must explain why you disagree with the immigration judge's decision and provide any evidence that supports your position. You should also include any legal arguments that you have. It is important to have a competent lawyer to help you with your appeal as the process can be complex.

Once you have filed your appeal, the BIA will review your case and make a decision. It has the authority to either agree with the original decision, change it, or send it back for further consideration. If you are not satisfied with the BIA's decision, you may be able to appeal it to the appropriate US Court of Appeals.

It is important to note that the BIA does not hold hearings or take new evidence in most cases. It will only consider the evidence and arguments that were presented in the immigration court.