Appealing to the BIA from an Immigration Judge in the 3rd Circuit

In an appeal from an Immigration Judge sitting within the Third Circuit, the Board applies Third Circuit precedent; where the circuit has not decided a question, the Board's own precedent and Supreme Court law govern. Because the court has no single strategic lean on asylum and social-group questions, the argument is best built from the record outward: a precise statement of the issues, facts tied to the record, and each argument matched to the controlling authority counsel selects.

A petition for review is filed directly in the court of appeals after the Board of Immigration Appeals issues a final order; it does not begin a new district-court proceeding, and the court reviews the Board's decision (and the Immigration Judge's only as far as the Board adopted it). The petition is generally due within 30 days of the Board's final order of removal (INA § 242(b)(1)), and a late petition risks dismissal; verify the deadline and its computation for each case. Filing the petition does not by itself stop removal; a stay has to be sought by separate motion. The petition goes to the Third Circuit in Philadelphia, under that court's local rules.

ImmAppeal does not draft this filing.

On a petition for review, the Third Circuit reviews the agency's factual findings under the substantial-evidence standard, sustaining them unless the record compels a contrary conclusion, and reviews questions of law de novo. Each argument has to be pitched to the standard that governs it: legal questions for de novo treatment, record-based challenges to meet the substantial-evidence test.

Issues must be raised before the Board to be exhausted for any later petition for review (INA § 242(d)(1)). ImmAppeal does not check exhaustion; counsel confirms which issues were raised.

ImmAppeal drafts one kind of brief: the respondent's brief in an appeal to the Board of Immigration Appeals (BIA) from an Immigration Judge's decision in removal proceedings, before the Board has decided that appeal.

In an appeal from an Immigration Judge sitting in the 3rd Circuit, the Board applies 3rd Circuit precedent. The draft is written for the circuit counsel confirms on the case, which the form reads from the location of the immigration court in the decision; if the two differ, the passport says so. The draft cites that circuit's precedent alongside the Board's. The draft does not change its strategy or tone by circuit; the posture described on this page is background for counsel.

The draft is written from the Immigration Judge's decision alone. Other files are stored with the case but are not read into this draft; transcript and exhibit cites have to be added by counsel.

Citations found in the draft are checked against our library of published decisions, and each is reported as verified, unconfirmed, or removed. A draft is typically ready in under 30 minutes. A licensed attorney reviews and finalizes it before filing; ImmAppeal does not give legal advice.