Washington Immigration Appeals Lawyers

A denial or a removal order is not always the end. Immigration law provides several ways to challenge a decision: an appeal to the Board of Immigration Appeals, a petition for review in the federal court of appeals, a motion to reopen or reconsider, and administrative appeals of USCIS denials. Every one of them has a short deadline, and missing it usually closes the door for good.

The attorneys at Ritchie-Reiersen Injury & Immigration Attorneys review decisions quickly, tell you honestly whether an appeal has merit, and file on time. Whether we handled the original case or you are coming to us after a loss elsewhere, we start with the record and the deadline. Consultations are available in English and Spanish.

Appeals to the Board of Immigration Appeals

When an immigration judge orders removal or denies an application for relief, the decision can be appealed to the Board of Immigration Appeals (BIA). The Notice of Appeal must be received by the BIA within 30 calendar days of the judge’s decision. There is no extension. Filing the appeal automatically stays removal while the BIA considers the case.

The BIA does not hold a new hearing. It reviews the record from the immigration court, including the transcript of testimony, the exhibits and the judge’s written or oral decision. The appeal is decided on written briefs, so the quality of the legal argument matters more than anything else. Common grounds for appeal include errors in applying the law, factual findings not supported by the record, credibility determinations that ignored the evidence, and violations of due process such as a denied continuance or an interpreter problem.

Petitions for Review in the Ninth Circuit

If the BIA dismisses the appeal, the next step is a petition for review in the U.S. Court of Appeals. Washington, Oregon, Idaho and Arizona are all within the Ninth Circuit. The petition must be filed within 30 days of the BIA’s decision. Unlike a BIA appeal, a petition for review does not automatically stop removal; a separate motion for a stay of removal must be filed, and in the Ninth Circuit a timely stay motion generally prevents removal until the court rules on it.

The court of appeals reviews legal questions and whether the agency’s factual findings were supported by substantial evidence. It cannot consider new evidence, and its jurisdiction over certain discretionary decisions is limited. Federal appellate practice has its own rules on briefing, formatting and deadlines, and we handle these petitions when the record supports one.

Motions to Reopen and Reconsider

Motions are filed with the same body that issued the decision, either the immigration judge or the BIA, and are distinct from appeals.

• A motion to reconsider argues that the decision was legally or factually wrong based on the record as it stood. It must be filed within 30 days of the decision.
• A motion to reopen presents new facts or evidence that was not available at the time of the hearing. It must generally be filed within 90 days of the final order. Important exceptions exist: there is no deadline for a motion to reopen based on changed country conditions in an asylum case, and a person ordered removed in absentia can move to reopen within 180 days for exceptional circumstances or at any time if they never received notice of the hearing.
• Motions to reopen are also the vehicle for people who become eligible for relief after their case ended, for example through a marriage to a U.S. citizen or an approved U visa, and for people whose prior attorney failed them, which requires meeting specific procedural requirements.

Filing a motion does not automatically stay removal, so a stay request is often filed alongside it.

Appealing USCIS Denials

Denials from USCIS follow different rules. Many denials, including most employment-based petitions, waivers and certain humanitarian applications, can be appealed to the Administrative Appeals Office or challenged by motion using Form I-290B, generally within 30 days of the decision (33 days if the decision was mailed). Denials of family petitions on Form I-130 are appealed to the BIA instead. Some applications, such as adjustment of status, have no appeal, but can be renewed before an immigration judge if the person is placed in removal proceedings or challenged through a motion to reopen or reconsider with USCIS. We read the denial notice carefully, because it states which path applies and the deadline.

Is an Appeal Worth It?

Not every loss should be appealed. An appeal costs time and money, and a weak appeal can delay a better option, such as a new application for which you have since become eligible. When you bring us a decision, we review the record and give you a direct assessment: the errors we see, the realistic chance of success, the timeline and the alternatives. Sometimes the right answer is an appeal. Sometimes it is a motion to reopen, a new petition or voluntary departure that preserves the ability to return. You should know all of them before the deadline passes.

Why Clients Choose Ritchie-Reiersen for Appeals

• Attorneys who practice immigration law exclusively and have litigated in the Seattle and Tacoma Immigration Courts
• Honest case assessments before you commit to an appeal
• Spanish-speaking attorneys who explain the decision and the options in your language
• Eleven offices across Washington, Oregon, Idaho and Arizona, with urgent consultations for cases with a deadline running

Related Guides

• What Happens at a Master Calendar Hearing in Seattle or Tacoma

Frequently Asked Questions

How long do I have to appeal an immigration judge’s decision?

Thirty calendar days from the date of the decision, and the Notice of Appeal must be received by the BIA, not just mailed, by that date. If the deadline falls on a weekend or holiday it moves to the next business day. There are no extensions.

Will I be deported while my appeal is pending?

A timely appeal to the BIA automatically stays removal. A petition for review in the Ninth Circuit and most motions to reopen do not, so a separate stay of removal must be requested. We file the stay request at the same time as the petition or motion.

How long does a BIA appeal take?

Most BIA appeals take between six months and two years, depending on whether the case is detained and the Board’s workload. Detained appeals move faster. During that time, work authorization that was based on a pending application may be renewable.

My previous lawyer missed something. Can I reopen my case?

Possibly. A motion to reopen based on ineffective assistance of counsel requires a detailed declaration, proof that the former attorney was informed of the allegations and given a chance to respond, and a statement about whether a bar complaint was filed. It must also be filed within a reasonable time of discovering the problem.

I was ordered removed because I missed my hearing. What can I do?

An in absentia order can be reopened within 180 days if exceptional circumstances kept you from attending, or at any time if you did not receive proper notice of the hearing. Filing the motion automatically stays removal until the judge decides it. Act quickly, because the evidence of why you missed the hearing is easiest to gather now.

Our Immigration Attorneys

Attorney Eric Reiersen, also fluent in Spanish, practices immigration law alongside the team. Every consultation is available in English or Spanish.

We meet clients at our offices in Kennewick, Tacoma, Auburn, Yakima, Moses Lake, Everett, Spokane, Wenatchee, Portland, OR, Twin Falls, ID, Mesa, AZ. Phone and video consultations are available throughout Washington, Oregon, Idaho and Arizona.

Talk to an Immigration Lawyer

Call (888) 884-7337 or send us a message to schedule a confidential consultation. Se habla español.