If I file a BIA notice of appeal

2 views 6 answers
of an asylum denial, do I need to attach the order from the court. I did not get the order and the instructions don't mention it. Is it a requirement it be attached?

Attorney Answers

6
J Ferrari ·
What you need to do is get an experienced immigration attorney to handle the case. Without one, you are just wasting your time.
0 upvotes
Kiki Mosley ·
I agree. An appeal to the BIA on a denial of an application for asylum is a tremendous and complicated tasks. You should hire an experienced immigration attorney who specifically has experience in these types of matters to help you. I cannot stress how important it is to work with a professional on this matter.
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Lynne Feldman ·
I agree -- this is not something you want to tackle without legal representation. Yes, it is always a good idea to include a complete copy of the underlying Denial and any other relevant documents to the appeal. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: [email protected] website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois College of Law
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Curtis Frederic PierceImmigration AttorneyLos Angeles, CA ·
Agree with my colleagues. You should have counsel. It's always a good idea to attach the judge's decision. One reason for this is that it contains (in most cases) your correct A number. If you make a typographcial error, including a copy of the decision could prevent a problem. Most important thing is filing before the deadline. Notice of appeal must be recieved within 30 days. The due date should be on the judge's decision.
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Daniel Thomann ·
Sometimes judges will issue an oral decision at the hearing and a written decision at a later date. If you did not receive the order because the judge issued an oral decision only, then you can note on the EOIR-26 that the decision was oral. You will receive a written copy of the judge's decision in the mail, so make sure to keep your address current with the immigration court if you move. You should definitely consult an attorney as soon as possible before proceeding with an appeal, especially where the decision was oral - it would be a good idea to review the tape of the hearing if there is time, and an attorney would know what to listen for. If you are unable to afford an attorney you should contact a legal service provider on the list that was provided to you. I'm attaching a link for the California list from the EOIR website.
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