BIA and 9th Circuit Appeals
9th Circuit Appeals and Immigration Decisions
Once the Department of Homeland Security or an Immigration Judge has rendered a decision, there may be an administrative appeal to the Administrative Appeals Office (AAO) of the Department of Homeland Security or the Board of Immigration Appeals (BIA) of the Department of Justice. If the BIA denies your appeal, the next step is the Ninth Circuit Court of Appeals.
How BIA Cases Work
You must file a BIA appeal within 30 days of an immigration judge's denial using Form EOIR-26. The BIA is the highest administrative body for interpreting and applying immigration laws, located at EOIR headquarters in Falls Church, Virginia, with nationwide jurisdiction. BIA decisions are binding on all DHS officers and immigration judges unless modified by the Attorney General or a federal court.
The BIA reviews all evidence submitted to the immigration judge but does not consider new evidence. A decision typically takes at least six months, often more than a year.
The BIA may: send the case back to the immigration judge with new instructions; overturn the original decision (which could mean relief from deportation); or deny outright. If denied, the next step is the Ninth Circuit Court of Appeals.
How Ninth Circuit Cases Work
The Ninth Circuit handles cases in California, Hawaii, Alaska, Washington, Oregon, Arizona, Idaho, Montana, and Nevada. After a BIA denial, file a Petition for Review with the Ninth Circuit.
Important: Filing with the Ninth Circuit does NOT automatically delay a removal order. You must also file a Motion to Stay Removal. Like the BIA, the Ninth Circuit does not consider new evidence. Decisions typically take more than two years.
If the Ninth Circuit rules in your favor, the court may grant permission to remain in the US, or send the case back to the BIA or immigration judge (a second denial remains possible). If denied, options include: requesting rehearing within 45 days; requesting rehearing en banc (rarely granted); or filing a writ of certiorari with the Supreme Court (even rarer).
Our firm will invest the necessary time to fully prepare for your hearing and present the strongest possible arguments in your case. Call (213) 388-1821 or contact us online to schedule a consultation with our Los Angeles BIA and 9th Circuit appeals attorney.