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Immigration Appeals and Federal Litigation
An adverse immigration decision is not necessarily the end of the road. USCIS denials, immigration judge decisions, and Board of Immigration Appeals rulings all have appeal and review mechanisms available to applicants who act promptly. Federal court review of final agency decisions is also available in appropriate cases. Missing an appeal deadline, however, is almost always fatal to the claim. Immigration appeals require immediate attention.
Parandian Law handles immigration appeals and federal litigation for individuals and families facing adverse immigration decisions. Our litigation practice in this area draws directly on our immigration law practice, giving us a substantive advantage over general litigators who lack deep familiarity with the Immigration and Nationality Act, USCIS policy, and the procedural rules governing immigration proceedings. We assess every matter honestly before recommending whether to appeal.
Immigration appeals involve multiple forums with different procedures, standards of review, and deadlines. A motion to reconsider or reopen at USCIS, an appeal to the Board of Immigration Appeals, a petition for review in the federal circuit courts, and a complaint in federal district court are all distinct proceedings with their own requirements. Understanding which forum applies and which deadline governs is the first and most critical step in any immigration appeal matter.
Immigration Appeal Attorney New York · BIA Appeal Attorney · USCIS Denial Appeal · Motion to Reopen Immigration · Federal Court Immigration · Petition for Review Attorney · AAO Appeal Attorney · Immigration Litigation Attorney Westchester
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Immigration appeals and federal review framework
Immigration appeals and federal litigation — the essentials
Immigration judge decisions in removal proceedings can be appealed to the Board of Immigration Appeals within 30 days of the decision. The BIA reviews immigration judge decisions and can affirm, reverse, or remand. BIA decisions can be further appealed to the federal circuit court of appeals having jurisdiction over the immigration court that issued the original decision. For cases arising in New York, that is the Second Circuit Court of Appeals. Federal court review of final agency action is also available through a complaint in federal district court in certain circumstances, including habeas corpus petitions challenging unlawful detention and complaints under the Administrative Procedure Act challenging USCIS policy decisions or unreasonable delays in adjudication.
Immigration judge decisions in removal proceedings can be appealed to the Board of Immigration Appeals within 30 days of the decision. The BIA reviews immigration judge decisions and can affirm, reverse, or remand. BIA decisions can be further appealed to the federal circuit court of appeals having jurisdiction over the immigration court that issued the original decision. For cases arising in New York, that is the Second Circuit Court of Appeals. Federal court review of final agency action is also available through a complaint in federal district court in certain circumstances, including habeas corpus petitions challenging unlawful detention and complaints under the Administrative Procedure Act challenging USCIS policy decisions or unreasonable delays in adjudication.
Key FACTS
USCIS motion to reconsider/reopen deadline:
Generally 30 to 33 days
BIA appeal deadline:
30 days from immigration judge decision
AAO appeal:
Available for certain petition types
Federal circuit review:
Second Circuit for New York cases
Habeas corpus:
Available to challenge unlawful detention
APA complaint:
Available for unreasonable agency delay
Standards of review:
Vary by forum and issue type
Missing deadlines:
Generally fatal to the appeal
What we handle
Immigration appeal and federal litigation services
Appeal and federal court representation for individuals and families facing adverse immigration decisions.
USCIS motions to reopen and reconsider
Drafting and filing of motions to reopen and motions to reconsider adverse USCIS decisions, including denials of petitions, applications, and requests for evidence responses. We analyze the basis for the denial, identify legal errors or new evidence that support reconsideration, and prepare motions that give the client the strongest possible chance of a favorable outcome on review.
Board of Immigration Appeals
Representation on appeal before the Board of Immigration Appeals from immigration judge decisions in removal proceedings and from USCIS decisions where BIA jurisdiction applies. We draft appellate briefs that identify legal and factual errors in the decision below and present the strongest available arguments for reversal or remand.
AAO appeals
Representation on appeal before the Administrative Appeals Office from USCIS denials of certain visa petitions and other immigration benefits. We analyze the AAO’s published non-precedent and precedent decisions to identify the strongest arguments for the specific petition type and draft briefs that address the grounds for denial directly and comprehensively.
Federal court litigation
Representation in federal district court and the Second Circuit Court of Appeals in immigration matters, including petitions for review of BIA decisions, habeas corpus petitions challenging unlawful detention, and complaints under the Administrative Procedure Act challenging unreasonable delays in adjudication or unlawful agency action. We assess federal court viability honestly before recommending this path.
How it works
Our immigration appeal process
01
Decision review and deadline assessment
We begin by reviewing the adverse decision, identifying the applicable appeal forum and deadline, and assessing whether the grounds for appeal are sufficient to warrant proceeding. Immigration appeal deadlines are strict and missing them is almost always fatal. We advise on the deadline and the available options immediately so the client can make an informed decision without delay.
02
Strategy and forum selection
We advise on the most appropriate forum and mechanism for challenging the decision given the specific grounds for denial, the applicable standard of review, and the realistic prospects of success in each available forum. In some cases multiple avenues are available and the choice of forum has significant strategic implications.
03
Brief drafting and filing
We draft the appellate brief, motion, or complaint identifying the legal and factual errors in the decision below and presenting the strongest available arguments for relief. We research applicable case law, BIA precedent decisions, and agency policy guidance to build the most comprehensive record possible for the reviewing authority.
04
Response and follow-up
We monitor the appeal, respond to any requests for additional evidence or briefing, and advise the client on developments as they occur. If the appeal is denied, we advise on any further review options available and give an honest assessment of whether further pursuit is warranted given the facts and the applicable law.
Common questions
Immigration appeals and federal litigation FAQ
My immigration case was denied. Can I appeal?
It depends on the type of denial and which body issued it. USCIS denials can be challenged through a motion to reconsider, a motion to reopen, or an appeal to the Administrative Appeals Office depending on the petition type. Immigration judge decisions in removal proceedings can be appealed to the Board of Immigration Appeals within 30 days. BIA decisions can be appealed to the Second Circuit Court of Appeals. Deadlines are strict and typically 30 days from the decision, so you should consult an attorney as soon as possible after receiving a denial. We review the decision, identify the applicable deadline and forum, and give you an honest assessment of whether the grounds for appeal are sufficient to warrant proceeding before you commit to the cost of an appeal.
What is the difference between a motion to reopen and a motion to reconsider?
A motion to reconsider asks USCIS or the immigration court to reexamine the decision based on an alleged error of law or fact in the original determination. It does not introduce new evidence but argues that the decision was wrong based on the record that already existed. A motion to reopen asks the adjudicating authority to reconsider based on new facts or circumstances that were not available at the time of the original decision. The two motions serve different purposes and the choice between them depends on the nature of the error or the new information available. In some cases both are filed simultaneously. Each has its own deadline and procedural requirements, and the standards for granting each are different.
Can I file a lawsuit against USCIS in federal court?
Yes, in certain circumstances. Federal district courts have jurisdiction to review final agency action under the Administrative Procedure Act, including USCIS decisions that are arbitrary, capricious, or contrary to law. Federal courts also have jurisdiction over habeas corpus petitions challenging unlawful detention by immigration authorities. A mandamus action in federal district court is available in some cases to compel USCIS to adjudicate an application that has been unreasonably delayed. Federal court litigation is generally a last resort after administrative remedies have been exhausted, but it is an important option in cases where the agency has acted unlawfully or has failed to act within a reasonable time. We assess federal court viability honestly and only recommend this path when the facts and law support it.
How long does an immigration appeal take?
Timeline varies significantly depending on the forum. USCIS motions to reopen or reconsider can take several months to over a year depending on the service center and the complexity of the case. BIA appeals typically take one to two years or longer from the filing of the notice of appeal to a decision. AAO appeals similarly can take a year or more. Federal court proceedings vary by circuit and district. In all forums, the timeline is largely outside the control of the applicant or their attorney. We provide realistic timeline estimates at the outset of every appeal engagement and keep clients informed of developments as they occur. Where the client is in removal proceedings, we also advise on any motions for continuance or stay of removal that may be available while the appeal is pending.
Related services
Often considered alongside immigration appeal and federal litigation
Received an adverse immigration decision?
Immigration appeal deadlines are strict and missing them is almost always fatal to the claim. Speak with an attorney as soon as possible after receiving a denial so your options remain open.
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