A denial by an immigration judge is not the end. Attorney Shair aggressively pursues Board of Immigration Appeals (BIA) appeals and U.S. Circuit Court petitions for review to protect your right to remain in the United States.
When an immigration judge denies an application for relief — asylum, cancellation of removal, adjustment of status, or withholding — the case is not necessarily over. The U.S. immigration system provides multiple layers of appellate review: the Board of Immigration Appeals (BIA), the U.S. Circuit Courts of Appeals, and in limited cases, the U.S. Supreme Court.
Appeals are critically time-sensitive. The BIA appeal deadline is exactly 30 days from the immigration judge's decision — there are virtually no exceptions and no extensions. A timely-filed BIA appeal automatically stays the removal order, preventing deportation while the appeal is pending. Attorney Shair acts immediately after a denial to protect appellate rights and preserve every available option.
"An immigration judge's denial is the beginning of the appellate process — not the end of your options. Attorney Shair reviews every adverse decision for legal error, due process violations, and reversible findings. A well-argued BIA brief can change everything."
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws in the United States. Located in Falls Church, Virginia, it reviews appeals from decisions of immigration judges nationwide. The BIA is not a court — it is an administrative appellate body within the Department of Justice. BIA decisions are binding on immigration judges nationwide unless overruled by a federal circuit court. Most BIA decisions are issued by a single board member without oral argument; cases involving novel legal issues or important precedent may be decided by a three-member panel.
A BIA appeal challenges the immigration judge's decision on legal or factual grounds — it must be filed within 30 days of the IJ's decision and is based on the existing record. A motion to reopen asks the immigration court or BIA to reopen the case based on new evidence, changed country conditions, or changed circumstances that were not previously available. A motion to reconsider asks the court to reconsider a legal error in its prior decision. These are distinct remedies with different deadlines and standards — Attorney Shair evaluates all available options after an adverse decision.
A timely-filed BIA appeal automatically stays the execution of a removal order — meaning ICE cannot deport you while your appeal is pending before the BIA. However, this automatic stay does not apply to certain criminal grounds and may be overridden in limited circumstances. Additionally, if you are detained, your detention may continue during the appeal. Once the BIA issues a final decision affirming the removal order, the stay expires and removal may proceed unless a federal court grants an emergency stay.
After the BIA affirms a removal order, you have 30 days to file a Petition for Review with the appropriate U.S. Circuit Court of Appeals. Filing a petition for review does not automatically stay removal — you must separately request an emergency stay of removal from the circuit court. Attorney Shair moves immediately upon a BIA denial to file the petition and request a stay, which prevents deportation while the federal appeal is pending. Federal circuit courts review BIA decisions for legal error, constitutional violations, and due process claims.
BIA appeals and federal court petitions require deep knowledge of administrative law, federal appellate procedure, and immigration-specific precedent. Attorney Shair writes comprehensive, well-researched appellate briefs that identify every reversible error — and presents federal constitutional arguments where warranted. He has experience with both BIA practice and federal circuit court litigation, giving clients a complete appellate defense strategy.
Attorney Shair reviews every adverse decision immediately and fights aggressively at the BIA and federal circuit courts. Call now — the 30-day clock is ticking.