Review of an immigration judge's decision by the Board of Immigration Appeals and, where applicable, a federal circuit court.
The appeal deadline is strict
An appeal to the Board of Immigration Appeals generally must be received within the applicable 30-day filing period. The deadline is strict and prompt action remains essential. Under Matter of Morales-Morales, however, the deadline is a claim-processing rule rather than a jurisdictional limitation. The Board may accept a late appeal where equitable tolling is established, which generally requires diligence and an extraordinary circumstance that prevented timely filing.
Equitable tolling is neither automatic nor easily established, so the filing period should be treated as firm and the appeal prepared for filing within it.
What the Board reviews
The Board of Immigration Appeals generally reviews the existing record for legal and factual error rather than conducting a new hearing. It does not typically take new testimony, and new evidence is generally not considered on appeal, though there are narrow avenues for addressing new evidence through other procedures such as a motion to reopen.
What happens during the appeal
The party filing the appeal generally submits a brief identifying the specific errors alleged in the immigration judge's decision, supported by the existing record and applicable law. The opposing party may respond, and the Board issues a written decision that can affirm, reverse, or remand the case back to the immigration judge for further proceedings.
Further review by a federal court of appeals
Some decisions of the Board of Immigration Appeals may be reviewed by the federal circuit court of appeals with jurisdiction over the case, subject to its own strict filing deadline and specific procedural requirements. Not every issue is reviewable in this way, and the standards of review differ from those applied by the Board.
Answers
Frequently asked questions
- How long do I have to appeal an immigration judge's decision?
- The filing window is short and set by regulation; it should be confirmed immediately upon receiving the decision, since it runs from the date of the decision and is generally not extended.
- Can I introduce new evidence during my appeal?
- Generally, no. The Board of Immigration Appeals typically reviews the record that was before the immigration judge. New evidence is usually addressed, if at all, through a separate motion to reopen rather than through the appeal itself.
- What does it mean if the Board remands my case?
- A remand sends the case back to the immigration judge for further proceedings consistent with the Board's decision, such as additional fact-finding or reconsideration of a specific legal issue, rather than deciding the case outright.
- Can I appeal a Board decision to a federal court?
- In some circumstances, a decision of the Board of Immigration Appeals may be reviewed by the appropriate federal court of appeals, subject to its own deadline and jurisdictional limits, which differ from case to case depending on the issues involved.
Official sources
- Executive Office for Immigration Review: Board of Immigration Appeals
- EOIR: Board of Immigration Appeals Practice Manual
- EOIR: Matter of Morales-Morales, 28 I&N Dec. 714 (BIA 2023)
Consult the official sources above for current rules and procedures.