APPEALS
If you have been ordered removed by an Immigration Judge, you may wish to consider filing an appeal. An unsuccessful applicant may appeal to the Board of Immigration Appeals (BIA), an administrative body in Falls Church, Vi To appeal before the BIA, the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see www.usdoj.gov/eoir/appealtypes.htm for updates) with the Board of Immigration Appeals (“BIA”) so that is received within 30 days of the IJ’s decision. This deadline is very strictly enforced. A certificate of service must also be included with your Notice of Appeal, stating that service of the Notice was made on the Office of the Chief Counsel. All correspondence to the BIA must include a certificate of service to the Office of the Chief Counsel. It should also be sent by certified mail return receipt requested or via Federal Express or other overnight delivery service.
The Notice of Appeal (EOIR-26) www.usdoj.gov/eoir/eoirforms/2instru26.htm is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. If your appeal is successful, the decision of the immigration judge will be overturned.
MOTIONS TO REOPEN
If you have been ordered deported in the past, you may be able to reopen your immigration proceedings. This is often the case where a new form of relief is available to the individual in question. It is commonly used when a previously unmarried individual is now married to a US citizen.
A motion to reopen asks the Immigration Court or the Board of Immigration Appeals to reopen proceedings after a decision has been rendered, so that new facts or evidence can be considered. The motion to reopen must state the new facts that will be proven at the reopened hearing should the motion be granted. In a motion to reopen, the individual must show that the new evidence is material to his or her case, that it was unavailable at the time of the original hearing, and that the evidence could not have been discovered or presented at the original hearing. Additionally, the motion to reopen must be supported by documentary evidence. There are time and numerical limitations to when and how many motions to reopen an individual may file. However, in certain situations, a motion to reopen may be considered even if it does not meet the time and numerical limitations.