Deportation/Removal Appeal of Deportation/Removal Orders to BIA, U.S. District Court and Supreme Court

If the immigration judge rules that the alien is removable, the alien can appeal the judge’s decision to the Board of Immigration Appeals ("BIA"). The alien has 30 days from the date of the judge’s decision to appeal to the BIA. The BIA will review the immigration judge’s legal matters anew under the de novo standard. The BIA reviews the immigration judge’s factual matters with the highly deferential, clearly erroneous rule. If the BIA upholds the alien’s removal order, the alien can appeal to the United States Federal Court of Appeals. Finally, if the Appeals Court rules against the alien, the alien can appeal to the United States Supreme Court. This appeal process may take several years to complete.