If you disagree with the immigration judge’s decision, you can ask the Board of Immigration Appeal (BIA) to review the decision made in your case. This process is known as the appeal (“appeal”). Here is a summary of the process:
1.You must inform the Judge that you want to appeal. When the Immigration Judge issues the decision in your case, the Judge will ask you if you want to reserve (keep) the right to appeal the case. Then you must inform the judge that you want to reserve the right to appeal the decision. If you relinquish (abandon) your right to appeal, the judge’s decision will be final and firm.
2.Complete the notice of appeal (Form EOIR-26, “Notice to Appeal”). In the section of the form where you were asked about the reasons for your appeal, you should explain and give specific details of why you want to appeal the judge’s decision. You must attach to the notice of appeal, a check or money order in the exact amount of $ 110.00. If you can not pay the charge, complete the charge waiver form (form EOIR-26 A, “The Fee Waiver Request”).
3.Send the original signed form to the Immigration Appeals Board at the address on the form. Remember to send copies of every document you send to the board of appeal, to the Department of Homeland Security (DHS).
4.The immigration appeal board must receive your notice of appeal within 30 days of the judge’s decision. Otherwise the decision will be final and firm.
Although you can do this procedure in your own right, it is advisable to hire the services of a licensed attorney, because if you make any mistake in the processing of this appeal, that could cost you to reject your appeal without considering it.