When to Appeal a Case
After a hearing on the merits of an asylum or cancellation of removal application, an immigration judge (IJ) may deny relief and order the applicant removed from the U.S. to his or her country of origin. The IJ must ultimately issue a written decision that must be attached with the following information sent to the Board of Immigration Appeals (BIA).
The forms necessary to express an intent to appeal are Form E-26 and Form E-27. They require the appealing party (“respondent”) to provide the following information:
- Full name(s) of respondent(s)
- Alien registration number(s)
- Court location and date of decision
- Addresses of respondent and attorney
- Summary explaining reason for appeal
- Whether the attorney desires oral argument
- Whether a more detailed written brief will follow
At the bottom of the page are check-boxes to ensure the sender has included the $110 filing fee and all relevant information. If anything is missing, the filing will be rejected and the respondent risks “waiving” or giving up the chance to challenge the IJ’s decision. The same is true if you check “Yes” intending to file a written argument but do not. Once the BIA receives these forms, it will set up a “schedule” giving both sides an opportunity to write opposing arguments.
Note that the first part merely shows an “intent” to appeal, not the written argument. To accomplish the actual brief, the record of proceedings must be sent to the immigration attorney. This means the taped recording of every hearing in court will be transcribed and the transcript sent to respondent’s counsel. Counsel should refer to the testimony in the transcript to support arguments in the appeal. After receiving this argument, the U.S. Department of Homeland Security (DHS) will have a chance to respond. The appealing party may then rebut.
Our experienced immigration law attorneys can help successfully appeal your removal order. Contact us today.
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