Appeals + Federal Litigation
A denial is not the end. The deadline may be close.
Deadline-driven representation for immigration-court appeals, Third Circuit review, reopening, federal agency delay, and immigration detention.
Bring the complete decision and every page that came with it. The correct forum, filing clock, record, and stay question should be identified before anyone promises an outcome.
Start with the decision
Different decisions belong in different forums.
An appeal, motion, petition for review, delay lawsuit, and habeas petition solve different problems. The first task is matching the document, deadline, and requested relief to the forum with authority to act.
BIA appeal
Form EOIR-26 generally must be received by the Board within 30 calendar days after the judge renders an oral decision or mails a written decision. The Board uses a receipt rule—not a mailbox rule.
See how review beginsPetition for review
A petition challenging a final removal order generally must reach the proper federal court of appeals within 30 days. Filing the petition does not automatically stay removal.
Review the urgent questionsMotion to reopen
A motion to reopen generally has a 90-day deadline and a one-motion limit, but specific exceptions may apply. New evidence must be material and properly supported.
See what to collectMotion to reconsider
A motion to reconsider generally must be filed within 30 days and identifies error in law or fact using the existing record. It is not the vehicle for new evidence.
Use the forum guideAdministrative or district-court review
A USCIS notice may identify Form I-290B or another review route. Unreasonable delay may raise mandamus or APA questions, but a lawsuit seeks lawful agency action—not guaranteed approval.
Explore the servicesHabeas and custody strategy
A habeas petition under 28 U.S.C. § 2241 may challenge unlawful custody or unreasonably prolonged detention. It is different from direct review of a removal order.
Call about detentionDo not calculate from memory: the date, type of decision, method of service, detention status, prior motions, and forum can change the analysis. A motion or petition also may not stop removal automatically. Preserve the envelope, electronic notice, and every page of the decision.
How we help
One litigation strategy—not a collection of disconnected filings.
We take select appellate and federal matters where careful record review, controlled issue selection, and coordination with the underlying immigration case can make a meaningful difference.
BIA appeals
Review of immigration-judge decisions involving asylum, cancellation, waivers, removal orders, and other contested issues.
Reopening and reconsideration
Motions based on qualifying new evidence, changed conditions, lack of notice, ineffective assistance, or identified legal and factual error.
Third Circuit review
Jurisdiction review, petition filing, stay analysis, briefing, and argument after qualifying final BIA decisions.
Mandamus and APA litigation
Federal district-court review of unreasonable delay or unlawful agency action, with venue and downstream-risk analysis before suit.
Stays and emergency strategy
Fast evaluation of removal risk, the available stay mechanism, the correct forum, and the record needed to request emergency relief.
Habeas corpus
Federal habeas analysis under 28 U.S.C. § 2241 for unlawful or unreasonably prolonged immigration detention, coordinated with bond and removal strategy.
The process
Control the clock. Then build the argument.
Appellate work is strongest when the deadline, forum, record, standard of review, and requested relief are aligned from the beginning.
Secure the decision and calculate every clock
We identify the decision date, service method, appeal or motion deadline, detention posture, removal risk, and any parallel filing that may affect jurisdiction.
Identify the forum and reviewable issues
We determine who has authority to act, which issues were preserved, what standard applies, and whether the case belongs before the BIA, a court of appeals, USCIS, or a district court.
Build from the record
The decision, transcript, exhibits, filings, notices, and controlling law are organized around the strongest reviewable issues rather than every possible disagreement.
Brief, file, and coordinate the next move
We prepare the filing, monitor deadlines and briefing, evaluate stay needs, and plan for remand, further motion practice, or related immigration relief after the ruling.
Urgent questions first
Some facts change what must happen today.
An appeal is not simply a disagreement with the decision. Jurisdiction, preservation, custody, removal timing, and the existing record can determine which options remain.
Removal scheduled, detained, or fewer than 30 days from a decision?
Say that at the beginning of the call. Do not wait for a transcript or complete file before seeking deadline review.
- The complete decision, date issued, and proof or method of service
- Any upcoming check-in, surrender date, removal date, detention hearing, or court deadline
- Whether an appeal, motion, petition, or stay request has already been filed
- Criminal charges, convictions, vacaturs, or certified dispositions that may affect jurisdiction or relief
- New facts or evidence—and when they became available
- Related family, humanitarian, waiver, or USCIS filings that must be coordinated
Bring the record
The first review is only as clear as the documents.
You do not need a perfect file before calling. Start with the decision and deadline documents, then gather what exists without altering, highlighting, or discarding anything.
Decision and service
Every page of the decision, envelope, electronic-service notice, hearing date, and receipt or filing confirmation.
Prior filings and briefs
Applications, motions, appeal notices, attorney briefs, government filings, exhibits, and prior agency or court decisions.
Hearing and record materials
Transcripts if available, hearing recordings or requests, witness statements, exhibit lists, expert evidence, and country reports used below.
New or urgent developments
New evidence, changed-country materials, detention paperwork, ICE notices, medical records, or proof of a scheduled removal or agency delay.
Private two-minute guide
Which deadline and forum should you ask about?
Answer three general questions. The guide identifies a possible starting point; it does not calculate a legal deadline, determine jurisdiction, or recommend a filing.
Official starting points
Read the rule for the forum—not a generic deadline chart.
These official sources explain core filing rules. Your decision, regulations, later precedent, and court orders still control the actual case.
Common questions
Appeals and federal litigation FAQ.
General answers can help you ask better questions. They cannot replace review of the actual decision, record, deadline, custody status, and controlling law.
How long do I have to appeal an immigration judge's decision?
A Notice of Appeal to the BIA generally must be received within 30 calendar days after the immigration judge renders an oral decision or mails a written decision. The BIA does not use the mailbox rule. Verify the exact deadline and current filing instructions immediately.
Does filing an appeal or motion automatically stop removal?
Not always. The stay rules depend on the filing and procedural posture. A petition for review does not automatically stay removal, and many motions also require separate stay analysis. Tell counsel immediately about detention, reporting, surrender, or removal dates.
What is the difference between an appeal and a motion to reopen?
An appeal usually argues that the lower decision was wrong based on the record and law. A motion to reopen asks the tribunal to consider qualifying new facts or evidence. The deadline, number limits, exceptions, and correct filing location differ.
What is a motion to reconsider?
A motion to reconsider identifies error in law or fact in the prior decision and is based on the existing record. It generally has a 30-day deadline and a one-motion limit, subject to the rules governing the particular tribunal.
Can the BIA consider new evidence on appeal?
The BIA generally considers only evidence admitted below and does not consider new evidence on direct appeal. A new submission may be treated as a motion to remand, depending on the filing and applicable requirements.
Can I seek federal-court review after the BIA?
Potentially. A petition for review of a qualifying final removal order generally must be filed in the proper federal court of appeals within 30 days. Jurisdiction, exhaustion, preservation, venue, and stay issues require case-specific analysis.
Can I sue over a long USCIS or consular delay?
Sometimes a mandamus or Administrative Procedure Act action may be considered. The court may require lawful agency action, but litigation does not guarantee approval and can produce a decision in either direction. Timing, venue, prior inquiries, and case risk should be reviewed before suit.
What can a habeas corpus petition address?
A petition under 28 U.S.C. § 2241 may challenge unlawful custody or unreasonably prolonged immigration detention in an appropriate case. It is not simply another appeal of the removal order, and custody, venue, procedural history, and requested relief matter.
What should I bring to an appeals consultation?
Bring every page of the decision, the envelope or electronic-service notice, hearing and removal dates, prior filings and briefs, notices, transcript or record materials you have, and proof of anything new or urgent. Call even if the file is incomplete.
How long will an appeal or federal case take?
There is no reliable single estimate. Timing varies by forum, briefing schedule, custody status, record preparation, case complexity, government position, remand, and court backlog. The immediate deadline is more important than a marketing estimate.
Information reviewed against official EOIR, USCIS, and U.S. Code sources on August 30, 2026. This page provides general information, not legal advice; it does not calculate a deadline, promise jurisdiction, or create an attorney-client relationship.
The record · The law · The next forum
The first filing after a denial should be deliberate—and on time.
Tell us what was decided, when you received it, whether anyone is detained or facing removal, and what has already been filed. We will begin with the questions that can preserve options.
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