❌ Denial from the BIA: What It Means
If the Board of Immigration Appeals (BIA) denies your appeal, the decision of the immigration judge becomes final and enforceable. This typically means that any order of removal or denial of relief becomes effective immediately.
But denial doesn’t always mean the end of the road.
🔄 Option 1: Motion to Reconsider or Reopen
You can ask the BIA to reconsider or reopen your case in certain situations:
â–Ş Motion to Reconsider
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Filed within 30 days of the denial
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Must argue that the BIA made a legal or factual error
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Cannot introduce new evidence
â–Ş Motion to Reopen
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Filed within 90 days
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Must present new, previously unavailable evidence
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Often used in cases involving changed circumstances or new grounds for relief
🏛️ Option 2: Appeal to Federal Court (U.S. Court of Appeals)
You may be able to challenge the BIA’s decision in a federal circuit court. Key points:
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File a Petition for Review within 30 days
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Your case will be reviewed by a federal appellate judge
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Court evaluates whether the BIA made legal or constitutional errors
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No new evidence can be introduced
Keep in mind: Not all issues are reviewable by the federal court—especially discretionary decisions.
⛔ What If You Don’t Appeal Further?
If you do nothing after a BIA denial:
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A removal order may be carried out by ICE
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You may be detained or deported
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You will lose eligibility for most forms of future relief
🛡️ Don’t Face the Aftermath Alone
When a BIA appeal is denied, it’s natural to feel discouraged—but the law still provides pathways to challenge the outcome.
đź“ž Speak with Borderless Lawyers immediately to evaluate whether a motion, federal court appeal, or alternative relief can help you remain in the U.S.