If an immigration judge in New York denies your case, you can usually appeal that decision. For example, The Legal Aid Society notes that after you lose in court, “you will be given the opportunity to file an appeal” and you can stay in the U.S. while it is pending.
The appeal first goes to the Board of Immigration Appeals (BIA), an agency in Virginia that reviews immigration judge decisions. If the BIA also denies your case, you can then file a petition for review in the federal appeals court for New York cases, the Second Circuit in Manhattan.
You must act quickly: you generally have 30 days from the judge’s decision to start each appeal. Let’s discuss the main steps.
What Is an Immigration Court Appeal?
An immigration court appeal is a request to a higher body to review the judge’s decision in your case. When an Immigration Judge in New York makes a decision, you can often ask a higher body to check that decision if you think it is wrong.
There are two main levels of appeal you should know:
- Board of Immigration Appeals (BIA): This is the first place you appeal to. It is part of the U.S. Department of Justice.
- Federal Court (U.S. Court of Appeals): If the BIA also denies your appeal, you can go higher to a federal appeals court.
Step 1: Reserve Your Right to Appeal
At the end of your immigration hearing, make sure you reserve your right to appeal. Immigration judges usually ask if you want to keep your appeal rights. Always say “yes” if you think you may want to appeal. If you say “no,” you waive your right and the judge’s decision becomes final immediately. Reserving your appeal right lets you contest the decision later.
Step 2: File a Notice of Appeal to the BIA
Next, you must file a Notice of Appeal (Form EOIR-26) with the BIA. This form must be received by the BIA within 30 days of the judge’s decision. Fill in the basic information and briefly state why you believe the decision was wrong (the “grounds” for appeal). You do not need a lawyer to fill out this form, but make sure to follow all instructions. When you submit the Notice, include a Certificate of Service showing that you gave a copy to the government’s attorney usually called ICE-OPLA. It’s safest to send the Notice and certificate by certified mail or overnight delivery so you have proof they arrived.
Step 3: Pay the Filing Fee (or Request a Waiver)
A filing fee must be paid when you file your appeal. As of 2025, the BIA appeal fee is about $1,010. You can pay it online (via e-pay on the EOIR website) or by check/money order, payable to “U.S. Department of Justice” with your Notice. If you cannot afford the fee, you can apply for a fee waiver by including Form EOIR-26A when you submit your Notice. Make sure to pay or request a waiver right away – the BIA may dismiss your appeal if you miss the fee deadline.
Step 4: Confirm Your Appeal is Filed
After you send your Notice of Appeal, verify receipt. You can check the Immigration Court’s automated system online (using your A-Number) or call the court hotline (1-800-898-7180) and enter your number to see if the BIA has received your notice. You can also call the BIA directly. Confirming receipt ensures the clock is running correctly. If you don’t see your appeal on file, follow up immediately.
Step 5: Prepare Your Written Arguments
Once the BIA has your Notice, prepare to write your appeal brief. The BIA will mail you a notice telling you the deadline for submitting written arguments and evidence. The BIA also sends you the entire record of your immigration case, transcripts, exhibits, and the judge’s decision. There are no in-person hearings at the BIA, everything is decided on paper. You should start drafting your written argument right away, explaining in simple terms why the judge made an error. It is very helpful to get a lawyer or experienced advisor to review your brief, but you can also represent yourself if needed.
Step 6: Board of Immigration Appeals Decision
After you submit your brief, the BIA will review the record and decide. If the BIA grants your appeal, it may reverse the judge’s decision or send the case back to court for a new hearing. If the BIA denies your appeal, the judge’s deportation order becomes final. Generally, you cannot be removed from the U.S. while the BIA appeal is pending. If the BIA rejects your appeal, you must act quickly on the next step.
Step 7: Appeal to the Second Circuit (if Needed)
If the BIA denies your case, you can file a petition for review in the federal court of appeals. For New York cases, that is the Second Circuit Court of Appeals, located at 40 Foley Square in Manhattan. The petition for review must be filed within 30 days of the BIA’s decision. This petition asks the federal court to review the BIA’s decision.
Note: a federal appeal does not automatically stop your deportation, unlike a BIA appeal, you must ask the court for a stay of removal. Make sure to file the petition quickly and also request that the court delay deportation while your appeal is pending. Without a stay, ICE could try to deport you even if you have appealed.
Motion to Reopen
In some cases, you may use a Motion to Reopen instead of an appeal. This is a request to the BIA to reopen the case due to new facts or a legal error. Common reasons include newly qualifying for a status, an attorney’s serious mistake, missing a court hearing, or missing the appeal deadline.
However, be aware that a motion to reopen does not automatically pause deportation the way a BIA appeal does. You usually have only 30 days from the final decision to file a motion to reopen, and you must show strong reasons for the reopening. It is best to discuss this with a lawyer, as the rules are complex.
Why Legal Support Matters in Immigration Appeals
Appeal cases require careful legal judgment and precise filings. Small errors, missing explanations, or poorly prepared arguments can weaken even a valid case. Many people lose opportunities not because the law is against them, but because the process was not handled correctly.
Working with an experienced immigration attorney helps bring clarity and direction to your case. Proper legal support can improve how your arguments are presented, ensure documents are submitted correctly, and help you understand the options available at every stage. Guidance from a trusted professional also reduces stress during an already difficult time.
At The Chidolue Law Firm, we focus on protecting our clients’ rights through careful legal analysis and personalized representation. Our team is committed to providing honest advice and dependable support throughout the appeal process.
Take the Next Step With Confidence
📌 Do not risk your future by facing the appeals process alone. Professional legal guidance can make a meaningful difference in your case.
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