Headman Law Group represents BIA Appeals & Motions clients in Los Angeles — our home base, serving SoCal's universities, studios, and startups. U.S. immigration law is federal, so we guide Los Angeles-area clients through the same proven process we use nationwide — most steps handled by video and secure document exchange, with no need to visit an office.
What Is a BIA Appeal?
The Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration law, sitting within the Executive Office for Immigration Review (EOIR). It primarily reviews decisions made by immigration judges in removal proceedings — including removal orders and denials of relief such as asylum, cancellation of removal, and adjustment of status.
An appeal to the BIA is generally filed on Form EOIR-26 within 30 days of the judge's decision. The Board can also decide motions to reopen, based on new and material facts, and motions to reconsider, based on an error of law or fact. Because a BIA case can determine whether someone remains in the United States, the stakes are high and the briefing must be precise.
Why a BIA Appeal Matters
- Review of an immigration judge's removal order or denied relief.
- An automatic stay of removal in many appeals filed on time.
- A chance to correct legal or factual errors by the judge.
- Motions to reopen on new facts, such as changed country conditions.
- Motions to reconsider on a misapplication of the law.
- A necessary step before seeking review in federal court.
When a BIA Appeal or Motion Fits
The Board hears specific kinds of challenges within strict time limits.
An Immigration-Court Decision
The decision being challenged was made by an immigration judge in removal or related proceedings.
Timely Notice of Appeal
Form EOIR-26 is filed so that it is received within 30 days of the judge's oral or written decision.
Reviewable Error
There is a credible argument that the judge made a legal error, a clearly erroneous factual finding, or an abuse of discretion.
New Facts (for Reopening)
A motion to reopen presents new, material evidence that was not available at the earlier hearing.
Legal Error (for Reconsideration)
A motion to reconsider identifies a specific error of law or fact in the prior decision.
The BIA Process
BIA practice is deadline-driven and decided primarily on written briefs.
Decision & Deadline Review
We review the judge's decision and the record, confirm the 30-day deadline, and decide between an appeal, a motion, or both.
File the Notice of Appeal
We file Form EOIR-26 on time to preserve your rights and, in many cases, to obtain a stay of removal during the appeal.
Appeal Brief
We prepare a detailed brief setting out the legal and factual errors, supported by the hearing record and controlling precedent.
Decision & Next Steps
The Board may sustain the appeal, remand to the judge, or dismiss it. If it dismisses, we advise on a petition for review in the federal court of appeals.
What a BIA Case Draws On
These cases rely on the immigration-court record and a focused brief.
The Proceedings
- The immigration judge's decision
- Form EOIR-26 notice of appeal
- The hearing transcript and exhibits
- Proof of timely filing
The Challenge
- A legal brief identifying the errors
- New, material evidence (for motions to reopen)
- Country-conditions evidence where relevant
Frequently Asked Questions
BIA Appeals & Motions help in Los Angeles?
Free 20-minute strategy call with an attorney.