BIA Appeals in Broward County: Deadlines and Next Steps

A BIA appeal asks the Board of Immigration Appeals to review an immigration judge’s removal order. The deadline is short. In most cases, the Notice of Appeal (Form EOIR-26) must reach the Board within 10 calendar days of the judge’s decision. This guide explains how BIA appeals work for people in Broward County, Florida, and what to do next.

What a BIA Appeal Reviews After a Removal Order

A BIA appeal asks the Board to review the immigration judge’s decision. The Board reviews questions of law, discretion, and judgment de novo, but it does not engage in de novo review of findings of fact and reviews those findings only for clear error (8 C.F.R. § 1003.1(d)(3)). A removal order is the judge’s ruling that a person must leave the United States. The Board of Immigration Appeals (BIA) is the appellate body that reviews those rulings.

The Board works mainly from what already exists. Under 8 CFR § 1240.9, the hearing is recorded verbatim. The record includes the testimony, exhibits, applications, proffers, and requests, the immigration judge’s decision, and all written orders, motions, appeals, briefs, and other papers filed in the proceedings. 8 C.F.R. § 1240.9 reads: “The hearing shall be recorded verbatim except for statements made off the record with the permission of the immigration judge.” The Board also generally does not find new facts. Under 8 CFR § 1003.1, except for taking administrative notice of commonly known facts such as current events or the contents of official documents, it does not engage in factfinding. If a party says the case needs more facts, that party must file a motion for remand.

This means the strength of what was presented at the hearing matters. The appeal looks back at that record.

The 10-Day Notice of Appeal Deadline (Form EOIR-26)

In most cases, you have 10 calendar days from the judge’s decision to file Form EOIR-26 with the Board. Under 8 CFR § 1003.38, the notice must be filed directly with the Board within that window. Asylum cases have a 30-day window, but only where the judge decided an asylum application and did not deny it under specific sections of the law. Check your type of decision before you count.

The clock starts on the day of an oral decision. For a written decision, it starts on the day the decision is mailed or sent electronically. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

The filing must include a fee or a fee waiver request (Form EOIR-26A). If neither arrives on time, the appeal is not properly filed, and the judge’s decision becomes final under 8 CFR § 1003.39 upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken, whichever occurs first, except when certified to the Board. If the removal order was entered in absentia, no appeal lies from it, under 8 CFR § 1240.15.

Mark the deadline on your calendar the day you receive the decision.

How a Broward County Case Moves From Immigration Court to the Board

A case moves from the hearing to the judge’s decision. An appeal then goes to the Board, but only if someone files it on time.

The judge’s decision must give reasons for granting or denying relief. Under 8 CFR § 1240.12, the immigration judge’s decision shall include a finding as to inadmissibility or deportability, and it shall be concluded with the order of the immigration judge. Read it closely. Write down the charges and the relief you asked for.

Gather these items early: the written decision or your notes on the oral ruling, the charging document, court notices, prior filings, and the hearing dates. Keep the hearing recording if you can get it.

You may have had a lawyer at the hearing, or you may have represented yourself. When a practitioner appears before the Board on behalf of a respondent, the practitioner must enter an appearance using Form EOIR-27 or Form EOIR-60, under 8 CFR § 1003.38(g). File a change of address on Form EOIR-33 within five working days of any move.

AG Immigration Law P.A. focuses on removal defense and BIA appeals. Adriana Gomez is the responsible lawyer for this page. A matter may be referred to another lawyer or firm if that applies.

Briefing, the Board’s Decision, and Federal Review

After the notice is filed, in any case that has not been summarily dismissed, the case management system arranges the issuance of a briefing schedule, as appropriate, and the deadlines are short. For appeals where no transcript is needed, briefs are due within 20 days after the Board’s order setting the schedule. They are never due more than 35 days after the appeal was filed, under 8 CFR § 1003.3. Extensions are granted only in exceptional circumstances. Workload concerns and travel plans within the control of either party or their representatives do not count as exceptional circumstances under 8 CFR § 1003.3.

A brief argues the errors you say the judge made. Your notice must name the findings of fact or conclusions of law you challenge. An issue left out of the notice is waived, under 8 CFR § 1003.38.

The Board may decide the appeal, or it may remand the case to the immigration judge. The result depends on the facts and the record.

Federal review is a separate step. Under 8 U.S.C. § 1252, a petition for review must be filed no later than 30 days after the final order of removal.

Appeal, Motion to Reopen, or Motion to Reconsider: Choosing the Right Filing

A BIA appeal challenges the judge’s decision. A motion asks the Board to act again on a matter it has already handled.

Both motions are written requests to the Board, under 8 CFR § 1003.2. The Board has discretion to grant or deny them.

A motion to reopen must state the new facts that would be proven at a hearing. It needs affidavits or other evidence. The evidence must be material and must not have been available at the earlier hearing. The same section covers that rule.

Motions and their supporting papers must be in English or come with a certified English translation, under the same section. Motions also carry filing fees, with limited exceptions, under 8 CFR § 1003.8.

Confirm which filing fits your facts before the appeal window closes.

Bring Your Decision to a Paid Consultation With AG Immigration Law P.A.

Consultations with AG Immigration Law P.A. are paid. Bring the judge’s decision and hearing papers so the review starts with the facts.

• The immigration judge’s written decision, or notes on the oral ruling
• The charging document and any court notices
• Prior filings and copies of anything you submitted to the court
• The hearing and decision dates

You can reach the firm by filling out the contact form, calling the office, messaging on WhatsApp, or booking a paid consultation.

Frequently Asked Questions

Some asylum decisions that did not deny the application under 208(a)(2)(A), (B), or (C) of the Act have a 30-day window, under 8 CFR § 1003.38.