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An initiative of:
AIC
AILA
AIRP

Board of Immigration Appeals

Most Immigration Judge decisions can be appealed to the Board of Immigration Appeals (BIA) at the Department of Justice. This page will walk you through how to represent clients in their appeals to the BIA.

Required Step

EOIR E-registry

Complete the two-step EOIR E-registry process to obtain your EOIR ID number so you may register to practice before the immigration court. Instructions for how to complete the E-Registry process are available by viewing the resource below.

Link

Required Form

Required Form: EOIR-27

United States Department of Justice
A notice of entry of appearance as counsel to the Board of Immigration Appeals

BIA Appeals: Getting Started


Link

BIA Practice Manual

United States Department of Justice
The agency's Practice Manual contains the substantive and procedural requirements for practicing before the Board of Immigration Appeals.

Practice
Guide

Overview of BIA Appeals

Immigration Justice Campaign
A concise practice guide to the what, when, where, and how of filing appeals of removal cases to the Board of Immigration Appeals.

Webinar

Practicing Before the Board of Immigration Appeals

Immigration Justice Campaign
An expert practitioner offers tips and strategies for BIA practice, including a detailed discussion of the timeline and process for BIA appeals, tips on briefing, and a look at the different standards of review for BIA appeals.

Filing the Notice of Appeal


Sample

Annotated Sample Notice of Appeal to the BIA

Immigration Justice Campaign
The first step in appealing an immigration judge's decision to the Board of Immigration Appeals is the filing of an EOIR-26 Notice of Appeal with the BIA within 30 days of the immigration judge's decision. This annotated sample, along with the annotated supplement that follows on this page, will guide you through how to fill out an EOIR-26.

Sample

Sample Supplement to Notice of Appeal

Immigration Justice Campaign
A sample supplement to the sample EOIR-26 above, laying out the legal issues for appeal.

Motions


Sample

Sample Motion for Extension of Time

Immigration Justice Campaign
A template motion for an extension of time in which to submit one's brief.

Drafting the Brief

Practice Guidance


Practice
Guide

American Immigration Council Practice Advisory on Standards of Review Before the BIA

American Immigration Council
A practice advisory on the standards of review which the Board of Immigration Appeals employs in its review of Immigration Judge decisions.

Sample Briefs


Sample

Sample BIA Brief, Asylum (credibility, corroboration)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals on a denial of asylum.

Sample

Sample BIA Brief, Asylum (direct appeal and remand, pro se respondent)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals of a denial of asylum seeking a remand for consideration of new, previously unavailable evidence.

Sample

Sample BIA Brief, Asylum (due process, remand, administrative notice)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals of a denial of asylum seeking remand to cure due process violations

Sample

Sample BIA Brief, Asylum (nexus, past persecution, CAT)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals of a denial of asylum and protection under the United Nations Convention Against Torture.

Sample

Sample BIA Brief, Asylum and Withholding of Removal (nexus, internal relocation)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals of a denial of asylum and protection under the United Nations Convention Against Torture.

Sample

Sample Brief, Asylum, Withholding of Removal and CAT (particularly serious crime)

Immigration Justice Campaign
A brief to the Board of Immigration Appeals on a denial of asylum, withholding of removal and protection under the United Nations Convention Against Torture addressing whether the applicant's criminal conviction constitutes a particularly serious crime.

Sample

Sample BIA Brief, Interlocutory Appeal (venue)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals on an interlocutory appeal of a denial of a motion for a change of venue.

Sample

Sample BIA Brief, Non-LPR Cancellation of Removal

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals on a denial of an application for cancellation of removal for non-permanent residents.

Sample

Sample BIA Brief, Withholding of Removal (DHS appeal)

Immigration Justice Campaign
A sample brief to the Board of Immigration Appeals of the Department of Homeland Security's appeal of a grant of withholding of removal.
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