How Immigration Appeals Work – Understanding the U.S. Immigration Court System

Most immigration decisions in the United States do not come with automatic appeal rights. However, individuals may challenge certain decisions through the immigration court system. This guide explains which decisions can be appealed and how the appeals process works.

Appealable Decisions

In the U.S., immigration appeals typically arise from the following types of decisions:

• Denials of asylum or other humanitarian protections
• Deportation or removal orders
• Adjustment of status denials (in limited cases)
• Revocations or denials of visas or green cards (in certain circumstances)

Note: Not all immigration decisions can be appealed. Some may only be challenged through motions to reopen or reconsider, or via federal court review.

Where to Appeal

Most appeals in the U.S. immigration system are filed with the Board of Immigration Appeals (BIA), which is part of the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice. The BIA handles appeals from immigration judges and some Department of Homeland Security (DHS) decisions.

Appeal Process

The appeals process varies based on the type of case, but generally includes the following steps:

• Filing a Notice of Appeal (Form EOIR-26) – Must be filed within 30 days of the immigration judge's decision.
• Submitting a written brief outlining the legal and factual arguments
• No personal appearance – BIA appeals are typically decided on the paperwork, not through a hearing
• Optional motions – In some cases, a motion to reopen or reconsider may be appropriate instead of or alongside an appeal

Strict deadlines apply, and late appeals are usually dismissed unless exceptional circumstances exist.

Seeking Legal Help

Immigration law is highly complex. If you’re considering an appeal, it’s strongly recommended to consult a licensed immigration attorney or accredited representative. A well-prepared appeal can significantly improve your chances of success.

Further Appeals

If the Board of Immigration Appeals denies your case, you may seek further review by:

• U.S. Circuit Court of Appeals – Federal court review is available for legal errors made by the BIA
• U.S. Supreme Court – Only in rare and exceptional cases

Each level of appeal becomes more difficult, so it’s critical to make your strongest case from the beginning.

📘 Also Read >> How to Choose the Right Immigration Attorney in the U.S.