Immigration Appeals Lawyer New York, NY
If you or a family member received an unfavorable decision from an immigration judge, filing a timely appeal is the next step toward protecting your right to remain in the United States. Law Offices Of SRIS, P.C. represents clients in immigration appeals before the Board of Immigration Appeals (BIA) and the federal circuit courts from its New York location. Mr. Sris, the firm’s Owner and Founder, has practiced immigration law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s attorneys handle appeals arising out of the New York Immigration Court at 26 Federal Plaza and the Varick Street Immigration Court, where many removal, asylum, and cancellation-of-removal cases are first heard. For a consultation about your immigration appeal, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Immigration Appeals Process in New York
When an immigration judge in New York issues a decision with which you disagree—whether denying asylum, ordering removal, or rejecting an application for adjustment of status—you have the right to appeal to the Board of Immigration Appeals, an administrative body within the Executive Office for Immigration Review (EOIR). The BIA is located in Falls Church, Virginia, but it reviews cases from immigration courts nationwide, including the New York, New York immigration courts at 26 Federal Plaza and Varick Street. A successful appeal requires identifying legal or factual errors in the immigration judge’s ruling and presenting a persuasive written brief. The BIA operates under the Immigration and Nationality Act and its own Practice Manual; strict procedural deadlines apply, and missing a filing deadline can foreclose further review.
If the BIA affirms the immigration judge’s decision, further review may be available in the federal courts. Most BIA decisions are appealable to the United States Court of Appeals for the Second Circuit, which hears cases arising out of New York. In limited circumstances, a case may be brought directly in the United States District Court. Mr. Sris and of-counsel attorneys are familiar with the rules and standards of review that govern these proceedings and can assess whether a particular immigration order presents viable grounds for appeal.
Why Legal Representation Matters for Immigration Appeals
Immigration appeals are brief-intensive and demand a strong command of administrative law, evidentiary standards, and the evolving body of BIA precedent. The record on appeal is generally limited to the evidence presented in immigration court; an attorney can preserve issues for appeal through appropriate objections and offers of proof during the immigration hearing. On appeal, the focus shifts to written advocacy: a well-drafted brief that pinpoints legal error or factual oversights can make the difference between a reversal and an affirmance. Without counsel, a noncitizen must navigate complex procedural rules, including formatting requirements, word limits, and specific timelines, while simultaneously preparing arguments that conform to the BIA’s standard of review. An experienced immigration appeals lawyer can ensure that all filings comply with EOIR regulations and that meritorious arguments are fully developed.
How Mr. Sris and His Of Counsel Handle Immigration Appeals
Mr. Sris, a former prosecutor who founded the firm in 1997, leads a team of of-counsel attorneys with substantial experience in federal and administrative litigation. The firm’s approach to appeals begins with a careful review of the immigration court record to identify legal errors, due-process violations, or factual oversights that can be raised on appeal. The attorneys draft and file the Notice of Appeal (Form EOIR-26) within the jurisdictional deadline, then prepare a comprehensive brief that addresses the applicable standard of review—whether that be de novo review of legal questions, clear-error review of factual findings, or abuse-of-discretion review of discretionary determinations. The firm also handles motions to reopen and motions to reconsider before the BIA and immigration judges when new evidence or changed country conditions warrant additional review. From the firm’s New York location, Mr. Sris and his of-counsel attorneys serve clients throughout the state, including the New York City metropolitan area, Long Island, and the Hudson Valley.
Because immigration law is entirely federal, the firm’s multi-state practice brings a broad perspective to appellate advocacy. Mr. Sris is admitted in five jurisdictions and has appeared in federal matters across the country. While every appeal turns on its own facts, the firm works to present each client’s case in the light most favorable to the arguments raised, always mindful that the BIA and federal courts expect precise legal reasoning and strict procedural compliance. Results may vary. in any particular matter.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. He has practiced law since 1997 and is admitted to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. Early in his career, he served as a prosecutor, an experience that gave him insight into how the government builds and argues its cases. In 2019, he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s of-counsel attorneys bring substantial experience to the practice, and the team works collaboratively on immigration appeals matters. The firm handles immigration cases from its New York location and accepts consultations by appointment. Call (888) 437-7747 to discuss your appeal.
Frequently Asked Questions
What is an immigration appeal and how does it work in New York?
An immigration appeal is a request for a higher authority to review a decision made by an immigration judge. In New York, most appeals from the New York Immigration Court at 26 Federal Plaza or Varick Street go to the Board of Immigration Appeals. A party must file a Notice of Appeal within 30 days of the immigration judge’s order. The BIA reviews the record and legal arguments and may affirm, reverse, or remand the case. If the BIA decision is unfavorable, a petition for review can be filed with the U.S. Court of Appeals for the Second Circuit.
Where are immigration appeals heard for residents of New York County (Manhattan)?
Residents of Manhattan have their immigration cases heard at the New York Immigration Court at 26 Federal Plaza or the Varick Street Immigration Court, and appeals from those courts are decided by the Board of Immigration Appeals. The BIA is physically located in Falls Church, Virginia, but accepts filings by mail and electronically. Further appeal lies to the Second Circuit Court of Appeals in New York. Mr. Sris and his of-counsel attorneys represent Manhattan residents at every stage of the appellate process.
What are common grounds for appealing an immigration judge’s decision?
Common grounds for appeal include errors of law, incorrect factual findings, due-process violations, and abuse of discretion by the immigration judge. For example, an immigration judge may misapply the legal standard for asylum eligibility, disregard relevant country conditions evidence, or improperly deny a continuance. The BIA will review the judge’s factual findings for clear error and legal conclusions de novo. An experienced attorney can identify which arguments are most likely to succeed on appeal given the specific record in your case.
How long does an immigration appeal take?
The timeline for an immigration appeal varies depending on the complexity of the case and the BIA’s docket. After the Notice of Appeal is filed, the BIA sets a briefing schedule. The Board’s decision may be issued several months to over a year after full briefing. Motions to reopen or reconsider have separate timelines, and appeals to the federal circuit courts may take additional time. Because each case is different, it is important to discuss your specific situation with an attorney.
Can I file an immigration appeal without a lawyer?
Yes, you may represent yourself in an immigration appeal, but doing so carries significant risk. The BIA’s procedural rules are technical, and an improperly filed or insufficiently argued appeal may be summarily dismissed. A lawyer can assess whether there are viable legal issues, develop a persuasive brief, and ensure compliance with all filing requirements. For a consultation about your immigration appeal in New York, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a separate attorney for a federal court appeal after the BIA?
A different approach may be necessary because the standard and scope of review in federal circuit court differ from the BIA. Federal courts review BIA decisions primarily for legal error and constitutional violations, rarely reweighing facts. The firm handles both BIA appeals and petitions for review in the Second Circuit, providing continuity from the administrative record through judicial review. Contact Mr. Sris and his of-counsel team at (888) 437-7747 to discuss how the firm can assist with your immigration appeal at all levels.
Other immigration law resources for New York residents:
Manhattan immigration lawyer ·
Brooklyn immigration lawyer ·
Queens immigration lawyer ·
Staten Island immigration attorney ·
Nassau County immigration appeals
Official immigration appeals sources:
Board of Immigration Appeals (EOIR) ·
New York Immigration Court information ·
U.S. Court of Appeals for the Second Circuit
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.