In this brief informational video, litigation and appeals attorney Elissa Stiles of Rivas Associates explains the essential steps for appealing a negative decision from an immigration judge to the Board of Immigration Appeals (BIA). She emphasizes the strict 30‑day deadline to file a notice of appeal, outlines the types of orders that are appealable—including denials of asylum, cancellation of removal, and adverse rulings on motions to reopen, terminate, or continuance—and stresses the importance of contacting an immigration or appeals attorney immediately to protect one’s rights. The video concludes with a standard Spanish‑language disclaimer that the information is general and does not replace personalized legal counsel.
Chapters
Hi, my name is Elissa Stiles, and I am a litigation and appeals attorney at Rivas Associates. As an appeals attorney, I have lots of appeal cases, most of which are with the Board of Immigration Appeals, which is the first step of appeals after you get some kind of negative decision from the immigration judge in immigration court. There are a couple of important things to know if you get some sort of negative decision from the immigration judge that usually results in an order of removal or deportation. First thing that's really important is that you need to act fast if you're going to appeal. So, you should reach out to an immigration or appeals attorney as soon as possible because the cutoff deadline for an appeal is 30 days from the date of the decision. So, whether you were in court and received an oral decision, um, or you received a decision in the mail that's written out, you don't have a whole lot of time to file your notice of appeal. So, the important thing is to make it a priority right away and talk to immigration attorney as soon as possible about your options for appeal. It's also important to know that you can appeal all kinds of decisions that might lead to a removal order. So, certainly if you had an individual hearing or a trial and then the judge denied asylum or cancellation of removal, for example, you can appeal that decision. But you can also appeal decisions from the immigration judge based on motions. Such as a motion to reopen your proceedings, a motion to terminate or dismiss your proceedings, or a motion that you asked for more time or a continuance and the judge denied it. All of those kinds of decisions can be appealed. So again, reach out to an immigration attorney to find out what your options are when you get a negative decision. Don't give up just because you got a negative decision from an immigration judge, because that's not the end of the line.
Esta información es general y no reemplaza una consulta legal. El primer paso es hablar con un abogado.
