BIA Appeals Lawyer New York County, NY
If you received an unfavorable decision from an immigration judge in New York County (Manhattan) and need to appeal to the Board of Immigration Appeals, Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. can assist. The firm has practiced immigration law since 1997, serving clients across Virginia, Maryland, the District of Columbia, New Jersey, and New York. A BIA appeal is a detailed written proceeding that reviews the immigration judge’s legal conclusions and factual findings; it is not a new trial. Submitting a persuasive brief within the BIA’s deadlines requires familiarity with the Immigration and Nationality Act, federal regulations, and relevant precedent decisions. Mr. Sris and the firm’s Of Counsel attorneys work with New York County residents to identify appealable errors, draft the brief, and present the strong $1s. Reach the firm’s New York location at (888) 437-7747 to schedule a consultation and discuss your appeal. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What BIA Appeals Mean in New York County (Manhattan)
For immigration cases originating before the New York Immigration Court at 26 Federal Plaza or the Varick Street Immigration Court, a party dissatisfied with the outcome may seek review by the Board of Immigration Appeals. The BIA is the highest administrative body within the Executive Office for Immigration Review and sits in Falls Church, Virginia. It reviews appeals of immigration judge decisions, Department of Homeland Security custody determinations, and certain motions. For Manhattan residents, the underlying removal proceeding typically takes place at 26 Federal Plaza, though venue may vary. An appeal must be filed within the time set by the BIA’s procedural rules; missing the deadline can result in forfeiture of the right to seek review. Legal issues the BIA commonly examines include whether the immigration judge correctly applied the statutory standards for asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, or adjustment of status, as well as whether the judge made clear factual findings supported by substantial evidence.
New York State and New York City maintain strong sanctuary policies that limit local law enforcement cooperation with federal immigration enforcement. Those policies can affect the timing and context of removal proceedings but do not alter the BIA’s jurisdiction. A BIA decision may be appealed further to a federal circuit court. Mr. Sris and the firm’s Of Counsel attorneys are experienced in representing clients before the BIA and in preparing appeals that present the strongest legal and factual basis for reversal or remand. Because BIA briefing standards are exacting, careful attention to the evidentiary record and the governing legal principles is essential.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle BIA Appeals Cases
The team begins by reviewing the immigration judge’s oral or written decision, the Notice to Appear, the hearing transcript, and the entire record of proceeding. They evaluate whether the judge committed legal errors—such as misapplying the standard for a well-founded fear of persecution or incorrectly weighing credibility—or made factual findings that are not supported by substantial evidence. Then, working with the client, they draft a comprehensive brief that identifies each error, cites relevant statutes, regulations, and BIA precedent decisions, and explains why the outcome should be reversed or the case remanded for further proceedings. If the BIA schedules oral argument, Mr. Sris or a firm Of Counsel attorney argues the appeal directly to the Board.
Throughout the process, the firm keeps New York County clients informed about the status of the appeal and any further motions, such as a motion to reopen or reconsider if new evidence arises. Because BIA appeals can take many months to be decided, the team also monitors any changes in immigration law or policy that could affect the client’s case. The firm’s multi‑state practice, founded in 1997, gives the team a broad perspective on how different circuits interpret the same statute, which can sharpen the arguments presented to the BIA. To discuss the details of your appeal, reach the firm at (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced immigration law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris 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 decades of experience in immigration litigation and appeals. Together with Mr. Sris, they have handled immigration matters for clients across the firm’s five jurisdictions. Results may vary. Every BIA appeal receives careful, individual attention, and the team works to present the strong case for reversal or remand. To consult about a BIA appeal, reach the firm at (888) 437-7747.
Frequently Asked Questions
What is a BIA appeal?
A BIA appeal is an administrative review by the Board of Immigration Appeals of a decision made by an immigration judge or a DHS officer. The BIA does not hold a new hearing; it reviews the record and the legal arguments submitted in written briefs. The Board can affirm, reverse, or remand the case for further proceedings. An appeal must be filed within the time set by the BIA’s procedural rules, with limited exceptions. Proper briefing is critical because the BIA will not search the record for errors on its own. Working with an experienced immigration appeals attorney helps ensure that each legal error is properly preserved and argued.
Do I need a lawyer for a BIA appeal?
While you are not required to have an attorney, the BIA process is complex and unforgiving, making legal representation highly advisable. Briefs must comply with strict formatting rules, cite specific statutes and precedent decisions, and raise arguments that were preserved before the immigration judge. A single missed deadline or procedural misstep can result in dismissal. An experienced attorney can identify appealable errors, draft a persuasive brief, and, if oral argument is granted, present the case to the Board. For New York County residents facing an adverse immigration judge decision, consulting with Mr. Sris and the firm’s Of Counsel attorneys can help protect your rights.
How long does a BIA appeal take?
The timeline for a BIA decision varies considerably depending on the case’s complexity, the Board’s caseload, and whether oral argument is scheduled. The BIA aims to decide most appeals within a matter of months, but some cases take longer. Once the appeal is filed, the Board sets a briefing schedule, and the opposing party may respond. After briefing is complete, the case is assigned to a Board member for decision. While waiting, the client may continue to enjoy any existing relief or status, though careful planning for potential outcomes is essential.
What are the chances of winning a BIA appeal?
The likelihood of success depends on the specific legal and factual issues in each case. The BIA looks primarily for legal errors; if the immigration judge correctly applied the law and made findings supported by substantial evidence, reversal is less likely. Conversely, a well‑argued brief that demonstrates misapplication of the law or reliance on insufficient evidence can lead to a favorable outcome. Mr. Sris and the firm’s Of Counsel attorneys evaluate each case individually to determine whether viable grounds for appeal exist. Results may vary.
Where is the immigration court for New York County?
Removal proceedings for New York County residents are typically heard at the New York Immigration Court, 26 Federal Plaza, Manhattan, or the Varick Street Immigration Court. Affirmative applications, such as for naturalization or adjustment of status, are processed at the USCIS New York City Field Office, also at 26 Federal Plaza. The firm’s New York location serves clients throughout Manhattan, and Mr. Sris and the firm’s Of Counsel attorneys attend hearings and file appeals for individuals whose cases originate in those courts.
How do I find a BIA appeals lawyer in New York County?
Start by seeking an attorney with specific experience in immigration appeals and familiarity with BIA procedure. Look for a practitioner who understands the Immigration and Nationality Act and can analyze the immigration judge’s decision for reversible error. Mr. Sris and the firm’s Of Counsel attorneys have practiced immigration law since 1997 and assist New York County clients with BIA appeals. To schedule a consultation, call (888) 437-7747.
Nearby Counties We Serve
Kings County (Brooklyn) Immigration Lawyers · Queens County (Queens) Immigration Lawyers · Richmond County (Staten Island) Immigration Lawyers · Nassau County (Long Island) Immigration Lawyers · Suffolk County (Long Island) Immigration Lawyers
Federal Immigration Resources
Board of Immigration Appeals (BIA) · U.S. Citizenship and Immigration Services · Executive Office for Immigration Review
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. Attorney responsible for this advertising: Mr. Sris.