|
APPEALS TO
THE BIA / AAO If you believe that a decision rendered in your immigration case is improper or incorrect, you may appeal said decision to either the Board of Immigration Appeals or to the Administrative Appeals Office, formerly known as the Administrative Appeals Unit. Where to appeal depends on the type of case it is. The Board of Immigration Appeals, located in Falls Church, Virginia, exercises appellate jurisdiction over various types of actions. These include review of immigration judges’ decisions in removal cases; decisions of INS District Directors and immigration judges on waiver applications; relative visa petition denials and approval revocations; bond, parole or detention determinations; and immigration judge decisions on rescissions of adjustment of status. Also included in BIA review are a wide variety of applications, including fraud waivers under section 212(i) and waivers of inadmissibility under section 212(h). The BIA's review of deportation decisions includes review over the designated country of deportation; suspension of deportation (now cancellation) applications; voluntary departure applications; registry determinations; discretionary waiver application determinations; asylum applications; and adjustment of status applications. You must file a notice of appeal on Form I-290A, together with a $110.00 filing fee. The BIA may waive the filing fee for indigents. Appeals from decisions of immigration judges are filed directly with the BIA, while appeals from decisions of the immigration service are filed with the INS officer who has jurisdiction over the case. You must file the notice of appeal within the time periods specified in the regulations. In deportation cases, the Board must receive the notice within thirty days of the immigration judge’s decision. The notice of appeal is not considered filed until it is actually received, with a filing fee. If the last day to file falls on a Saturday, Sunday or legal holiday, then the period in which to appeal is extended to the next business day. You must set
out the specific reasons for the appeal on the notice of appeal form. Failure to
comply with this requirement may result in a summary dismissal by the Board. The
Board may also dismiss appeals that are frivolous or filed solely for delay. If
oral argument is desired, you must request it in the notice of appeal.
The BIA then has discretion whether to grant the request.
You may submit a brief with the notice of appeal or you can request
additional time, from the Board, in which to submit your brief on appeal. The Administrative Appeals Office is located in Washington, DC, and is under the jurisdiction of the commissioner of the Immigration Service. The AAO has jurisdiction over numerous types of actions including appeals from denials of employment-based preference petitions, appeals from denials of petitions for temporary workers (i.e., E, H, L, O, & P denials), appeals from revocation of approvals of immigrant visa petitions; reentry permit application denials; and appeals from denials of applications for waiver of the two-year foreign residence requirement based on exceptional hardship or fear of persecution. A single copy of a notice of appeal is filed on INS Form I-290B, together with a $110 filing fee, within 30 days of the service of notification of the denial. If the service of the denial is by mail, an additional three days is added to the 30 days. If the last day to file falls on a Saturday, Sunday or legal holiday, the period in which to appeal is extended to the next business day. Appeals should be filed with the local INS office that issued the denial decision. An appeal is considered “filed” on the date on which it is actually received at the INS office. The notice of appeal must state the specific reasons on which the appeal is based. Failure to do this may result in a summary dismissal of the appeal. An appeal may also be dismissed if it is patently frivolous. If oral argument is requested, specific written reasons must be provided to explain why the argument is necessary. A single copy of a brief may be submitted simultaneously with the notice of appeal or you may submit your brief directly to the AAO within 30 days. In addition, for good cause shown, the AAU may extend the time in which to file your brief.
|
