Immigration Appeals
The BIA just denied your appeal. Everyone says it is over. It is not. We take immigration cases to federal circuit courts across the country and fight to reverse bad decisions. Our founding attorney is admitted to all eleven federal circuits and has handled thousands of these appeals. A denial is not the last word. It is the beginning of the next fight.
30-Day Deadline to File a Petition for Review
If the BIA denied your case, you have exactly 30 days to file a Petition for Review in federal court. This deadline is jurisdictional. Miss it and you lose the right to appeal. There are no extensions. Do not wait.
When the BIA Gets It Wrong
The Board of Immigration Appeals is supposed to be a check on Immigration Judges who make mistakes. But the BIA gets it wrong too. They issue single-member decisions without adequate review. They misapply legal standards. They ignore arguments. They affirm without addressing the issues that matter. When that happens, the federal circuit courts exist to hold them accountable.
A Petition for Review under INA Section 242 takes your case out of the immigration system entirely and puts it before Article III federal judges who are not part of the Department of Justice. These judges review the BIA's legal conclusions de novo and examine the factual record for substantial evidence. If the BIA got the law wrong, the circuit court can reverse. If the BIA failed to consider material evidence, the court can remand for a new decision. To understand how this process works in detail, read our guide to Petitions for Review in federal court.
In February 2026, the BIA attempted to implement new procedural rules that would have restricted the ability to file motions to reopen and limited briefing schedules on appeal. The Amica Center and other organizations challenged these rules in federal court, and a judge blocked the most harmful provisions. This fight is ongoing. Read our update on the BIA rule changes and the court block for the latest developments.
The Nken v. Holder Stay Test
When you file a Petition for Review, the government can still try to deport you unless the court grants a stay of removal. Under Nken v. Holder, 556 U.S. 418 (2009), the court weighs four factors to decide whether to stop removal while your appeal is pending.
Likelihood of Success on the Merits
You must show a strong probability that the BIA's decision was legally wrong.
Irreparable Injury
Deportation while an appeal is pending is the definition of irreparable harm. If you are sent back, the appeal becomes meaningless.
Harm to Other Parties
The court considers whether granting the stay would substantially injure the government or the public.
Public Interest
The public has an interest in the fair administration of immigration law and in ensuring that people are not deported in violation of their legal rights.
Every Avenue of Appeal
A bad decision does not have to be the final word. We pursue every available path to reverse it.
BIA Appeals
The Immigration Judge denied your case. You have 30 days to appeal to the Board of Immigration Appeals by filing a Notice of Appeal on Form EOIR-26. The BIA reviews the judge's decision for legal errors and can reverse it, send it back for a new hearing, or uphold it. We identify the strongest arguments and present them in a way the Board takes seriously. This is the first step, and it matters because what happens here shapes everything that comes after.
Petitions for Review in Federal Court
The BIA denied your appeal. Under INA Section 242, you can take your case to a federal circuit court of appeals. You have exactly 30 days from the BIA decision. The circuit court reviews the legal reasoning behind the Board's decision and can reverse it if the BIA misapplied the law or violated due process. Our founding attorney is admitted to practice before all eleven federal circuit courts and has handled thousands of these cases. A denial from the BIA is not the end of the road.
Motions to Reopen and Reconsider
New evidence has come to light. Country conditions have changed. The law has shifted. A motion to reopen under 8 C.F.R. Section 1003.2(c) asks the BIA to take another look at your case based on facts that were not available before. A motion to reconsider argues that the Board made a legal error in its original decision. These motions have strict deadlines, but exceptions exist for asylum cases involving changed country conditions, which carry no time limit at all.
Jacobson Remands (Second Circuit)
If your case is in the Second Circuit, there is a procedure that does not exist anywhere else. Under In re Immigration Petitions for Review, 702 F.3d 160 (2d Cir. 2012), the circuit court can send your case back to the BIA for further consideration while your Petition for Review stays open. This is called a Jacobson remand. It works when the BIA failed to address an argument or when new legal authority could change the outcome. It is faster than full briefing and can lead to a favorable result without waiting years for the court to decide.
Emergency Stays of Removal
They are about to deport someone while their appeal is still pending. That cannot happen. We file emergency stay motions before the BIA and federal circuit courts to stop removal while the case is being reviewed. Under Nken v. Holder, 556 U.S. 418 (2009), the court considers four factors: likelihood of success on the merits, irreparable injury, harm to other parties, and the public interest. When hours matter, we move fast.
Ineffective Assistance of Counsel Claims
Your previous lawyer lost your case because they did not know what they were doing. Maybe they missed a deadline, failed to submit evidence, or never raised the right legal argument. Under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), you can file a motion to reopen based on your former attorney's incompetence. You must show the attorney's performance was deficient, that it prejudiced your case, and that you have complied with the Lozada requirements, including filing a bar complaint. This is often the only path to a second chance after bad lawyering destroyed a winnable case.
When Hours Matter
Sometimes the government does not wait for the appeal to play out. They schedule removal flights while your case is still pending. They show up at a check-in and put someone on a plane. When that happens, an emergency stay of removal is the only thing standing between your family member and deportation. We have filed emergency stay motions on the same day we were retained, getting courts to intervene before a removal flight takes off. Read our guide to emergency stays of removal to understand how this works in practice.
Emergency stays can be requested from both the BIA and the federal circuit courts. At the BIA, the standard is whether the appeal raises a substantial likelihood of success. In the circuit courts, the Nken v. Holder four-factor test applies. Either way, the motion must be prepared quickly and filed immediately. There is no room for delay when someone is about to be put on a plane.
If you know that a family member has a removal date scheduled while their appeal is pending, or if ICE has indicated that removal is imminent, call us immediately at (212) 219-3244. We handle emergency filings and understand that these situations cannot wait for a scheduled consultation.
How Appeals Work with Us
Federal appellate litigation is not like immigration court. The rules are stricter, the standards are different, and the stakes are final. Here is how we handle it.
We Evaluate the Record and Identify the Errors
We review the Immigration Judge's decision, the BIA's decision, the hearing transcripts, and the entire administrative record. We identify every legal error, due process violation, and misapplication of the law. We are honest about what is strong and what is not.
We File Within the 30-Day Deadline
Whether it is a Notice of Appeal to the BIA or a Petition for Review in federal court, we file on time. If removal is imminent, we file an emergency stay motion the same day. Missing these deadlines means losing the right to appeal entirely.
We Brief the Case with Precision
Federal circuit courts and the BIA expect detailed, well-researched legal arguments. We draft briefs that address the controlling case law in your circuit, meet the applicable standards of review, and present your strongest arguments clearly. Nothing gets filed until it is ready.
We Litigate Through Oral Argument if Needed
If the court schedules oral argument, we argue your case before the panel of federal judges. We respond to the government's briefs, handle supplemental authority filings, and pursue every avenue the case presents, including Jacobson remands in the Second Circuit.
We See It Through to Resolution
Whether the court reverses, remands, or we need to pursue further relief on remand, we stay with the case. A remand back to the BIA or Immigration Court is not the end. We follow through until you have the result you need.
Related Services
They Said No. We Go Higher.
You have been carrying this alone long enough. The immigration judge denied your case. The BIA upheld it. Everyone tells you there is nothing left to do. They are wrong. Federal court exists for exactly this moment. Call us and we will tell you if you have an appeal.