Immigration Appeals
A decision against you is not always the end. Appeals and motions can reopen a case, correct a legal error, or bring new evidence before the decision-maker — but the deadlines are short and unforgiving.
Most immigration appeal deadlines are 30 days, and they are strict. If you have received an unfavourable decision, have it reviewed immediately — call (866) 369-0220.
Appealing to the Board of Immigration Appeals
The Board reviews decisions of Immigration Judges. Key points:
- The notice of appeal is generally due within 30 days of the judge’s decision. This deadline is jurisdictional — missing it by a day usually ends the appeal.
- Filing a timely appeal generally pauses removal while it is pending.
- Cases are decided on written briefs; oral argument is rare.
- Legal conclusions are reviewed afresh, while the judge’s factual findings and credibility assessments receive deference.
- The Board can uphold, reverse, or send the case back for further proceedings.
Federal court review
If the Board rules against you, a petition for review may be filed in the federal court of appeals for the circuit covering your immigration court, generally within 30 days.
A federal petition does not stop removal by itself
Unlike a Board appeal, filing in the court of appeals does not automatically pause removal. A stay must be requested separately and granted. Overlooking this has severe consequences.
Review is largely confined to legal questions. The court generally cannot re-weigh the evidence or substitute its own view of the facts.
Motions to reopen and reconsider
These go back to the original decision-maker rather than upward.
- Motion to reconsider — argues the decision applied the law incorrectly, based on the existing record.
- Motion to reopen — presents new, previously unavailable evidence.
Both carry time limits and numerical limits, with exceptions in defined circumstances — notably changed country conditions in asylum cases, orders entered in absentia where notice was defective, and ineffective assistance by a previous representative.
When previous counsel failed you
If a case was lost because a previous lawyer or a notario missed a deadline, failed to file evidence, or gave advice that damaged the case, that can be a basis to reopen. There are specific procedural requirements for raising it, including notifying the former representative and giving them an opportunity to respond.
We handle these cases regularly. Bring everything you have — receipts, correspondence, filings — even if it feels incomplete.
Received a decision you disagree with?
Deadlines here are measured in days. Have it reviewed now rather than after the window closes.
Frequently asked questions
How long do I have to appeal?
Generally 30 days from the decision, for both a Board appeal and a subsequent federal petition. These are strict deadlines with very limited exceptions.
Can I be deported while my appeal is pending?
A timely Board appeal generally pauses removal. A federal petition for review does not — a stay must be requested and granted separately.
What are the chances on appeal?
It depends entirely on whether there is an identifiable legal error or genuinely new evidence. Appeals that simply restate disagreement with the outcome rarely succeed. We will tell you honestly how we assess it.
I missed my hearing and was ordered removed. Anything I can do?
Possibly. In absentia orders can be reopened where you did not receive proper notice or where exceptional circumstances prevented attendance. Deadlines apply and differ by ground, so act quickly.
My previous lawyer made a mistake. Does that help?
It can be a basis to reopen, subject to specific procedural requirements. Gather all your paperwork and get advice promptly.
This page is general information about immigration appeals and motions, not legal advice, and it does not create an attorney-client relationship. Immigration law changes frequently and eligibility depends on the facts of your case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
A denial is not always final.
Bring us the decision. We will tell you whether there is a route forward and how long you have to take it.