Court Representation
Immigration Appeals
An adverse immigration judge decision is not necessarily final. You have appeal rights — but deadlines are strict and mistakes are irreversible. Attorney Jesus Reyes knows the appeals system and uses it in your favor.
When the immigration court rules against you, the clock starts immediately: you have just 30 days to file an appeal with the Board of Immigration Appeals (BIA). After that deadline, the right is lost. In Miami, the Law Office of Jesus Reyes, PLLC reviews adverse decisions, identifies legal and procedural errors, and builds strong appeals that give clients a second chance.
What Are Immigration Appeals?
When an immigration judge issues a decision — whether denying asylum, cancellation of removal, adjustment of status, or another benefit — you have the right to appeal to the Board of Immigration Appeals (BIA), the highest administrative immigration appeals tribunal in the United States. The BIA reviews whether the judge correctly applied the law and whether the proceeding was fair.
If the BIA also denies the appeal, a second avenue of federal judicial review exists before the relevant Circuit Court of Appeals — the Eleventh Circuit for Florida cases. This is a longer and more technical process, but it can be decisive in cases with strong legal arguments.
Additionally, two important procedural tools can be used before or alongside an appeal: a motion to reopen (when there is new evidence or changed circumstances) and a motion to reconsider (when the judge made a legal or procedural error). These motions have their own deadlines: 90 days to reopen and 30 days to reconsider.
Who Can Appeal?
You may file an appeal with the BIA if any of the following apply to your situation:
- The immigration judge denied your asylum, cancellation of removal, adjustment of status, or other immigration benefit
- The judge issued a deportation order and you believe the process was unfair or the law was misapplied
- DHS (the government) has appealed a decision in your favor and you need to defend it before the BIA
- Your case contains strong legal arguments that were not adequately considered at the first hearing
- New relevant evidence was discovered that was not available during the original hearing (motion to reopen)
- The judge made a legal or procedural error that affected the outcome of your case (motion to reconsider)
How Does the Appeals Process Work?
Record Review & Decision Analysis
We obtain the complete case record and the judge's written decision. We carefully analyze the legal grounds, procedural errors, and arguments that were not adequately considered. We honestly assess the likelihood of success before moving forward.
Filing the Notice of Appeal
We file the Notice of Appeal (EOIR-26) with the BIA within the 30-day deadline from the judge's decision. This step is critical — missing the deadline means losing the right to appeal.
Drafting the Appeal Brief
We prepare a detailed legal brief setting out the judge's errors, the legal grounds for the appeal, and relevant BIA and federal court precedents. The quality of the written brief is what determines the outcome of the appeal.
Decision & Next Steps
If the BIA overturns the decision, the case may be remanded to the judge for a new hearing or resolved in your favor. If the BIA upholds the adverse decision, we evaluate federal judicial review before the Eleventh Circuit and any other available options.
Frequently Asked Questions
How long do I have to appeal an immigration judge's decision?+
You have exactly 30 calendar days from the date of the judge's decision to file your Notice of Appeal with the BIA. This deadline is absolute — if day 31 arrives without a filing, the right of appeal is lost. If the decision was recent, call us today.
Can I be deported while my BIA appeal is pending?+
Generally, filing a timely appeal with the BIA triggers an automatic stay of the deportation order while the BIA decides the case. However, if the BIA affirms the order, the stay ends and deportation may proceed unless federal review is sought.
What is the difference between an appeal and a motion to reopen?+
An appeal challenges whether the judge correctly applied the law based on the existing record. A motion to reopen introduces new evidence or argues that circumstances have changed since the decision. They are distinct tools for distinct situations.
What percentage of BIA appeals succeed?+
Success rates vary by case type, the strength of the appellate argument, and the quality of legal representation. Appeals with strong legal arguments and a well-prepared brief have significantly higher odds of success — which is precisely why specialized representation is essential.
Can I appeal if I lost my case without an attorney?+
Yes. If you represented yourself (pro se) and errors affected the outcome, an appeal or motion to reopen may be possible. In some cases, lack of proper notice or ineffective assistance of prior counsel can also serve as grounds for reopening.
Your situation has a solution.
Schedule a consultation of up to 30 minutes with Attorney Jesus Reyes and learn your legal options. $200.
Schedule Consultation — $200Or call: (888) 644-3683