Immigration Appeals: BIA Appeals and Ninth Circuit Petitions for Review

What can be appealed, and when?

• Immigration judge decision → BIA. The Notice of Appeal (Form EOIR-26) must be received by the BIA within 30 calendar days of the decision. A timely appeal generally stays removal while the appeal is pending.
• BIA decision → Ninth Circuit. A petition for review must be filed within 30 days of the BIA's final order. Filing does not by itself stop removal; a motion for stay of removal is filed with the petition, and in the Ninth Circuit filing that motion temporarily stays removal until the court rules on it.
• Denied bond, denied motion to reopen, and in absentia orders have their own appeal routes and deadlines.
• Missed the deadline? A motion to reopen (generally within 90 days of the final order) or to reconsider (30 days) may still be available, and some situations allow late filing. The sooner the file is reviewed, the more options remain.

What an appeal actually involves

An appeal is not a new hearing. The BIA and the Ninth Circuit review the record made in immigration court — the transcript, the exhibits and the judge's decision — for legal error, misapplied standards, findings without support in the record, and due-process problems. Strong appeals come from a close reading of that record against current case law.

Why the Ninth Circuit matters for Los Angeles cases

Cases heard in the Los Angeles, Van Nuys, West Los Angeles, Adelanto and Santa Ana immigration courts are reviewed by the Ninth Circuit, which has its own body of precedent on asylum, particular social group, the persecutor bar, voluntary departure, bond and notice — precedent that sometimes differs from the BIA's. Recent decisions the firm has written about:

• Ninth Circuit Rejects an Implied Duress Defense to the Persecutor Bar
• Ninth Circuit: BIA Must Consider Voluntary-Departure Bond Proof

What the firm does on an appeal

1. Obtains and reviews the full record and the judge's decision.
2. Calendars every deadline and files the notice of appeal or petition — and any stay motion — on time.
3. Identifies the strongest legal issues rather than re-arguing every fact.
4. Writes the brief with current Ninth Circuit and BIA authority.
5. Handles remands: if the case is sent back, the firm continues in immigration court.

Consultations

Bring the judge's or Board's decision and the date it was issued; the deadline runs from that date. If the deadline is close, call rather than booking online and say "appeal deadline."

See consultation options and fees

Frequently asked questions