Bia appeal brief sample 2025

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The document is a legal brief submitted to the Board of Immigration Appeals by Mr. K, a Pakistani asylum seeker whose bond request was denied by an Immigration Judge (IJ). The brief argues that the IJ's decision was erroneous, as it disregarded substantial evidence demonstrating that Mr. K is not a flight risk and has strong ties in the U.S., including family support and a credible fear of persecution from the Taliban. The brief requests the Board to reverse the IJ's decision and grant Mr. K a bond of $1500, emphasizing the importance of fair bond determinations for recent-entrant asylum seekers.

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Click ‘Get Form’ to open the bia appeal brief sample in the editor.
Begin by filling in the 'In the Matter of:' section with the respondent's name and relevant details. Ensure accuracy as this sets the context for your appeal.
Proceed to the 'File No.' field, entering the appropriate case number. This is crucial for tracking your appeal within immigration proceedings.
In the 'Statement of Facts' section, provide a detailed account of the circumstances leading to your appeal. Use bullet points for clarity and ensure all facts are supported by evidence.
Complete the 'Argument' section by outlining legal arguments supporting your case. Reference relevant laws and precedents, ensuring each point is clearly articulated.
Finally, review all sections for completeness and accuracy before saving or exporting your document. Utilize our platform’s features to sign and share your completed brief easily.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

How long are BIA appeals taking?

BIA decisions are binding on all DHS officers and Immigration Judges unless modified or overruled by the Attorney General or a federal court. Most BIA decisions are subject to judicial review in the federal courts.

What is the success rate of Bia appeals?

If you lose your appeal with the Board of Immigration Appeals, you have the right to file an appeal with the Federal Court of Appeals, a higher court. You cannot afford errors on your BIA appeal or you might damage your chance to win a federal court appeal. Only 1 in 10 BIA appeals succeed.

What happens if a Bia appeal is denied?

ing to recent data, nearly 50% of immigration appeals were successful between April 2020 and March 2021. Understanding the grounds for rejection and the appeal process can significantly enhance your chances of success.

What are the odds of winning an immigration appeal?

1:14 3:19 However due to the current backlog of cases. Its not uncommon for the process to take longer theMoreHowever due to the current backlog of cases. Its not uncommon for the process to take longer the USCIS is dealing with a significant number of pending petitions.

What is an appeal brief?

Yes, if the BIA denied your immigration case appeal, you can make another appeal with a higher court. However, you must take your dismissed appeal to the US Circuit Court of Appeals this time. If your case is in Arizona, the Ninth Circuit Court will review the BIAs decision on your immigration appeal.

immigration brief sample

Immigration brief sample Sample BIA brief asylum BIA remand order sample BIA Appeals DHS brief status meaning How to appeal BIA decision Briefing schedule has expired and no DHS brief was received EOIR-26 sample

How do I appeal a BIA decision?

Filing Your Notice of Appeal When you tell the judge you want to appeal, the court officer will give you some important paperwork called the Notice of Appeal, also called an NOA or Form EOIR-26. You have 30 days from the date of your decision to file this paperwork with the BIA to actually start the appeal process.