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Appeals

Board of Immigration and Ninth Circuit Court of Appeals Attorney

When an Immigration Judge orders you removed or an Administrative Agency denies your application you have the right to file an appeal.

An “appeal” is a formal request that a superior body review the action, procedure, or decision of a lower court, administrative agency, or other body. One can file an appeal if the lower authority made an error of law or fact or if something occurred to make the proceedings before the lower authority unfair.

An appeal of an unfavorable decision by an immigration officer usually must be filed with the same U.S. Citizenship and Immigration Services office that made the decision, which then sends the entire case to the Administrative Appeals Office (AAO, also known as the AAU) or the BIA. If the AAO or BIA’s decision is still unfavorable, then it may be challenged in the local federal district court.

For orders of removal issued by an immigration judge, there is a right to appeal to the BIA. If the BIA affirms the order of removal, then there is a right to appeal with the court of appeals where the removal proceedings were held. The U.S. Court of Appeals for the Ninth Circuit reviews removal cases arising in Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon, and Washington.

The deadline will be stated in the decision of the immigration officer or the immigration judge. Usually it is 30 calendar days, except only 15 or 18 days may be provided if an approved relative petition is revoked after notice. Petitions for review of an order of removal must be filed with the U.S. Court of Appeals within 30 days of the decision by the BIA.

This post is also available in Español.