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What is BIA briefing schedule?

This document is a notice from the Board of Immigration Appeals (BIA) letting you know the deadline to submit the written arguments in support of your appeal to the BIA. If you appeal your case to the BIA, you may receive this notice.

What happens if BIA denies my appeal?

Denies the Appeal. If the B.I.A. denies your appeal and orders your removal, you are immediately subject to deportation. Although you have 30 days to file an appeal (called a petition for review) with the U.S. Court of Appeals, you may be deported from the United States during that 30-day period.

How do I write a brief to the court of appeals?

Writing an Outstanding Appellate Brief Frame the issue to maximize the persuasiveness of your argument. Simplify the issue and argument. Have an outstanding introduction. Tell a story. Dont argue the facts (unless absolutely necessary) Know the standard of review. Be honest and acknowledge unfavorable law and facts.

How do I appeal a BIA decision?

The petition for review must be received by the clerks office on or before the thirtieth day. After this, you must file your brief within 40 days of the date from which the administrative record of your case is available. While your appeal is pending with the circuit court, there is not automatic stay of removal.

How do you write a BIA brief?

This includes: a concise statement of facts and procedural history of the case. a statement of issues presented for review. the standard of review. a summary of the argument. the argument. a short conclusion stating the precise relief or remedy sought.

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What does an appeal brief look like?

There are several components that make up your Appellate Brief: Title Page; Table of Contents; Table of Authorities; Statutes Involved; Standard of Review; Question Presented; Statement of Facts; Summary of Argument, Argument and Citation of Authority; Point headings that are within Argument section; Conclusion;

What are the grounds for a BIA appeal?

Issues to raise in a BIA appeal can be separated into five main categories: (1) Incorrect factual findings, including credibility findings; (2) Incorrect legal standard applied; (3) Discretionary determinations; (4) Due process and procedural violations; and (5) Mixed questions of law and fact.

What is the success rate of BIA Appeals?

Only 1 in 10 BIA appeals succeed. Your immigration attorney must preserve all your options.

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