Appealing to the BIA from an Immigration Judge in the 7th Circuit

The Seventh Circuit's style is reasoning-first: a crisp statement of the controlling rule, applied to the record step by step. On particular-social-group questions, the en banc decision in Cece v. Holder addressed how a social group may be defined; Benitez Ramos v. Holder bears on imputed-characteristic and membership arguments; and Gutierrez v. Lynch bears on the persecution and nexus discussion. Where a claim has an economic or practical dimension, the circuit has been receptive to that reasoning. The Board applies this law in a case arising here, so an argument that follows the logic, rather than the volume of citation, fits the circuit.

A petition for review is filed directly in the court of appeals after the Board of Immigration Appeals enters a final order; it does not start a new case in the district court, 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 Seventh Circuit in Chicago, under that court's local rules.

ImmAppeal does not draft this filing.

On a petition for review, the Seventh Circuit reviews agency fact-finding for substantial evidence, upholding findings unless the record compels a different result, and reviews legal questions de novo. Legal questions, such as whether a proposed group is cognizable, are argued as questions of law; record challenges have to satisfy the substantial-evidence test, which a pragmatic bench applies rigorously.

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 7th Circuit, the Board applies 7th 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.