Asylum claims that are denied at the initial stage can be incredibly disheartening, but an adverse decision is not the end of the road. The Board of Immigration Appeals (BIA) offers a path to appeal these decisions.
Understanding the Appeal Process
The BIA is the highest administrative body for interpreting and applying immigration laws. When an asylum application is denied by an Immigration Judge, the decision can be appealed to the BIA. This appeal is a critical opportunity to challenge the decision and present further arguments or evidence supporting the claim for asylum.
Key Steps in the Asylum Appeal Process
1. Notice of Appeal
The first step is to file a Notice of Appeal (Form EOIR-26) with the BIA within 30 days of the Immigration Judge's decision. This form must be filed correctly and on time to ensure that the right to appeal is not lost.
2. Filing the Brief
After submitting the Notice of Appeal, the appellant must submit a brief to the BIA. This document outlines the legal and factual reasons why the Immigration Judge's decision should be reversed. The brief should include citations to relevant statutes, case law, and evidence supporting the asylum claim.
3. Oral Argument
While not always granted, applicants can request an oral argument before the BIA. This allows the attorney to further emphasize key points and answer any questions the Board might have.
How Modern Law Group Can Assist
Modern Law Group has extensive experience with immigration appeals, and our attorneys are adept at navigating the complexities of the BIA.
- Strategic Planning: We evaluate the reasons for denial and develop a strategy tailored to address these points effectively
- Comprehensive Legal Representation: From filing the Notice of Appeal to submitting a compelling brief, we handle all aspects of the appeal process
- Oral Argument Preparation: If granted, our attorneys will prepare thoroughly and advocate passionately on your behalf
Why Choose Modern Law Group?
Navigating the asylum appeal process can be complex and intimidating. Modern Law Group brings expertise, compassion, and a deep commitment to justice to every case. We understand the stakes are high, and we are dedicated to providing the highest level of service to ensure that your rights are protected.
Get Started with Your Appeal
If your asylum application has been denied, it's crucial to act quickly to appeal the decision. Contact Modern Law Group today to schedule a consultation. Let us help you fight for the protection you deserve.
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