ASYLUM APPEALS AFTER A DENIED ASYLUM CASE IN IMMIGRATION COURT

After an Immigration Judge (IJ) denies or grants an asylum application, both the respondent and the Trial Attorney of the Department of Homeland Security have 30 days to notify the Board of Immigration Appeals (BIA) that they plan to appeal the IJ’s decision. This blog post will focus on the respondent’s process to appeal an IJ’s Asylum, Withholding of Removal or Convention Against Torture (CAT) denial.

BIA Asylum Appeals Process after IJ’s Denial

1.      Notice of Appeal to the BIA

Respondent provides notice to the BIA of his/her intent to appeal by completing Form EOIR-26, Notice of Appeal from a Decision on an Immigration Judge. This notice must ARRIVE to the BIA no later than 30 days after the date that the IJ issues his/her decision. This package must include the appropriate filing fee as explained in Form EOIR-26. If you have an attorney, the attorney must include Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. Any supporting documents and/or copies of the IJ’s decision should also be included in the package, as well. Filers should read and follow all other instructions provided within Form EOIR-26.

2.      File a Brief with the BIA

About 2-4 weeks after respondent files the notice of appeal, s/he should receive a receipt notice where the BIA acknowledges receiving respondent’s notice of appeal. After the filing of the notice of appeal, the BIA will send respondent a copy of the written transcript of his/her Immigration Court (IC) removal proceeding. Also, after the filing of the notice of appeal, the BIA issues a briefing schedule explaining to the parties when their briefs are due. Generally, parties are provided 21 days to submit a brief but may request an extension for “good cause.” Once respondent received the government’s reply brief, s/he will have 21 days to respond and may request an extension based on the rules.

Here at the Law Office of Marron Gebremeskel, PLLC, we provide full-representation for this process from beginning to end. Hire Marron Gebremeskel, a former USCIS Asylum Officer and an Attorney with over a decade of experience who has written numerous successful BIA asylum appellate briefs. She will pinpoint exactly why the IJ denied your case, dissect your transcript from the IC proceeding, and develop an in-depth strategy to win your case on appeal. Contact the Law Office of Marron Gebremeskel, PLLC at 817-213-6760 or click here for additional contact information. You can also book an appointment directly to speak with Attorney Marron Gebremeskel about your case by clicking here.