Can I appeal if the immigration judge denies my asylum application?

Depending on your situation, if your asylum application is denied by the immigration judge, then an appeal to the Board of Immigration Appeals may be an option.

Appeals to the Board of Immigration Appeals (BIA)
Asylum appeals to the BIA begin with the filing of an EOIR-26 Notice of Appeal from a Decision of an Immigration Judge. The Notice of Appeal must be received by the BIA within 30 calendar days after the immigration judge’s oral decision or within 30 calendar days after the date of the judge’s written decision was mailed (if there was no oral decision). All appeals to the BIA must arrive prior to the filing deadline. It is not enough for you to place your Notice of Appeal in the mail prior to the deadline. Late filings are not accepted, even if there was an unexpected delay in mail service. If your deadline is only days away, you may need to act quickly to ensure that you do not miss your deadline.

Appeals are technical legal proceedings. Keep in mind that it is not enough to simply say that the immigration judge was wrong. You must point to specific legal or factual errors. You will need to be able to support your arguments with legal authority. This means that you must base your arguments on the statutes, regulations and other cases. If you are unsure of how to frame your argument in legal terms, conduct legal research, cite to legal authority or draft a legal brief, you should consult with a lawyer.

Appeals to the BIA involve complex legal issues and I strongly encourage you to consult with an asylum lawyer if you plan to appeal the decision of an immigration judge to deny your asylum application. If you are considering working with an immigration lawyer on your appeal, don’t wait until the last minute to consult with the lawyer because she will need time to research your case and prepare the proper documents to file your appeal.

About Kimberley Schaefer

Kimberley Schaefer is an immigration lawyer with offices in Boise, ID and Rexburg, Idaho. She helps future Americans become citizens by assisting them with immigrant visas, fiance visas, adjustment of status and green card applications, applying for immigration waivers, fighting deportation and applying for asylum. To contact her, you can call (208) 918-0852 or send Kimberley an email now.

Comment Policy: Do you have a comment about this article? Your comments will be visible to everyone and are appropriate for general questions about immigration issues. Have a specific question about your case that you'd like to ask privately as part of a consultation? Please use the contact form instead.

Leave a Comment About This Article