Yes, you may be able to appeal an order for removal, but the window to act is narrow. If an immigration judge orders your removal, you may have 30 calendar days to file a Notice of Appeal, Form EOIR-26, with the Board of Immigration Appeals. The deadline generally runs from the date the judge gives an oral decision or mails a written decision, and the BIA must receive the appeal by the deadline. Simply mailing the form before the deadline is not enough.
If you are facing this situation right now, understanding your options quickly matters enormously.
Portner & Shure, P.A’s immigration attorneys represent clients throughout Maryland, Virginia, Washington, D.C., North Carolina, and Kentucky in removal defense matters. Call us today at (410) 995-1515 to discuss your situation.
Depending on the circumstances of your case, you may have the right to appeal an immigration judge's decision to order your removal.
Whether a standard appeal remains available may depend in part on what you said at the end of the hearing. If you knowingly and voluntarily waived your right to appeal, the immigration judge’s decision generally becomes final and a later appeal may not be available. If the decision was issued in writing and mailed, however, appeal may be automatically reserved.
A removal defense attorney can evaluate your specific circumstances and help you understand whether an appeal is realistic for your case.
An order of removal is a decision by an immigration judge directing that a noncitizen be removed from the United States. Immigration judges work within the Department of Justice’s Executive Office for Immigration Review, or EOIR, which also includes the Board of Immigration Appeals.
Once issued, a removal order does not automatically become final immediately in every case, particularly if the person subject to the order takes steps to preserve their right to challenge it.
An appeal of a removal order is generally filed with the Board of Immigration Appeals, commonly referred to as the BIA, the administrative body responsible for reviewing decisions made by immigration judges.
At the conclusion of a removal hearing, the immigration judge will typically ask whether the parties wish to reserve their right to appeal the decision. Reserving this right at that moment is often an important step in preserving the ability to file an appeal later, which is one of many reasons having an attorney present during this hearing matters.
Form EOIR-26 starts the appeal process before the BIA. The notice must identify the reasons for the appeal and generally must be submitted with the required filing fee or a completed fee-waiver request.
The Board of Immigration Appeals generally requires Form EOIR-26 to be received within 30 calendar days of the immigration judge's decision. This is a strict deadline, and the EOIR has made clear that the form must actually be received by that date, not simply postmarked or mailed before the deadline. Missing this window can mean losing the right to appeal altogether, making it critical to act quickly and confirm your filing has been properly submitted and received.
If you are approaching this deadline, do not wait. Call Portner & Shure, P.A. at (410) 995-1515 as soon as possible to discuss your options.
An appeal to the BIA can potentially challenge legal errors made by the immigration judge, factual findings that were not adequately supported by the evidence presented at the hearing, and procedural issues that may have affected the fairness of the underlying hearing. The specific grounds available depend heavily on what occurred during your case, including the evidence presented and any legal arguments raised at the time.
Once an appeal is properly filed, the case moves into a review process before the Board of Immigration Appeals rather than remaining with the original immigration judge.
A BIA appeal is generally not a new trial. The Board typically reviews the existing record from immigration court, including the hearing transcript, exhibits, written decision, and legal arguments submitted on appeal.
Depending on the circumstances, an appeal may raise issues such as:
The arguments available in a particular appeal depend on the record created in immigration court and the issues preserved during the case.
After reviewing an appeal, the BIA can affirm the immigration judge's original decision, reverse the decision entirely, or remand the case back to the immigration judge for further proceedings, often when additional fact-finding or clarification is needed. Each of these outcomes leads to a different next step in the overall case.
If the appeal period has expired or a prior appeal was unsuccessful, other options may still be available in some cases. These are different procedures, not substitutes for a timely BIA appeal.
Portner & Shure, P.A. can review the procedural history of your case, assess remaining deadlines, and explain the available legal avenues. Contact the firm at (410) 995-1515 to discuss your removal-defense matter.
Given the strict 30-day deadline for filing an appeal, and the more limited options available once a removal order becomes final, getting legal guidance as quickly as possible after receiving a removal decision is essential. Portner & Shure, P.A. is a trusted, nationally recognized firm that has served clients throughout Maryland, Virginia, Washington, D.C., North Carolina, and Kentucky for more than two decades, with a proven track record built on thorough case investigation and relentless advocacy, whether at the negotiating table or in the courtroom.
That same commitment carries into our removal defense work, where our team handles appeals of removal orders, motions to reopen, and broader deportation defense matters. Our immigration attorneys thoroughly evaluate every detail of a case, from what happened during the original hearing to what deadlines and options remain, to help clients understand exactly where they stand and what can still be done.
If you or a loved one has received a removal order, do not wait to get legal guidance. Contact Portner & Shure, P.A. at (410) 995-1515 to discuss your situation and find out what options may be available to you.
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