Appeals & motions to reopen

Immigration Appeals Lawyer — a Former Immigration Judge for BIA Appeals and Motions to Reopen

If an immigration judge has ordered you or someone you love removed (deported), or if an order was entered because a hearing was missed, the case may not be over. The decision can often be appealed to the Board of Immigration Appeals, or reopened by a motion, but only within short, strict deadlines. Carlos Maury, a former U.S. Immigration Judge who heard cases at the Van Nuys Immigration Court, and before that served as government immigration counsel, handles immigration appeals and motions to reopen in English and Spanish.

Call (213) 769-0050

Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case.

Why a former immigration judge

An appeal is decided on paper. The Board of Immigration Appeals (BIA, or "the Board") reads the record made in immigration court: the transcript, the exhibits the judge admitted and the judge's decision. It does not hold a new trial and does not take new evidence. What wins or loses an appeal is how clearly the brief ties each error to that record and to the right standard of review.

Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015. As a judge, he decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)), wrote decisions that the Board reviewed, and saw motions to reopen from the bench. From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement (ICE) in Los Angeles, rising to deputy chief counsel, the government side that answers appeals and motions.

That experience shapes how we prepare: we read the decision the way the Board will read it, find the findings that the record does not support, and build each motion with the evidence a judge needs to grant it. None of this can promise a particular result; every case turns on its own facts and the law.

What we handle

We handle the review of a removal case from the day of the decision to the next step after it. Our guide to BIA appeals, our guide to motions to reopen and our guide to in absentia orders explain the law in detail.

Appeals to the BIA. The Notice of Appeal (Form EOIR-26), filed on time with specific reasons, and the brief that carries the argument.
Answering a DHS appeal. When the judge granted relief and the Department of Homeland Security (DHS) appeals, the reply brief that defends the decision.
Motions to reopen. New facts or evidence, a new application for relief, or changed conditions in your home country. See the exceptions to the deadline.
Orders entered in absentia. A motion to rescind a removal order entered because a hearing was missed, on the right ground and within the right deadline.
Motions to reconsider. An argument that the decision was wrong on the record as it stood. See our guide to motions to reconsider.
Motions to remand. A request that the Board send the case back to the judge to consider new evidence.
Stays of removal. Requests to ICE, the judge or the Board to pause removal while a motion or appeal is decided. See our stay of removal guide.
Bond appeals. Appeals of a custody decision for a person held by ICE. See our immigration bond lawyer page.
Federal review. Where the next step is a petition for review in a federal court of appeals, we work with the federal appellate case.

If you just received a decision

The days right after a decision decide a great deal. Several things can be done at once:

Find the exact date of the decision. The judge's oral decision at the hearing, or the date a written decision was served, starts the clock. EOIR's Automated Case Information portal (opens in new tab) shows the status of a case by A-number (Alien Registration Number).
Keep every paper. The written decision or the judge's order, every hearing notice, the envelopes they came in, and the Notice to Appear.
Write down what happened. If a hearing was missed, note exactly why, and gather proof: medical records, a death certificate, police or custody records.
Do not leave the United States. Leaving after a removal order can carry out the order and end the right to file a motion.
Update your address with the court. File Form EOIR-33 so every new notice reaches you. Telling ICE or USCIS is not the same as telling the court.
Call a lawyer. An appeal must be received within 30 days, and some motions within 90 or 180 days. A waived or missed deadline can rarely be repaired.

Call (213) 769-0050

How an appeal to the BIA works

The Board sits within the U.S. Department of Justice, in Falls Church, Virginia, and is the highest administrative body that interprets and applies the immigration laws. It hears the appeals listed in 8 C.F.R. § 1003.1(b) (opens in new tab), including an immigration judge's decision in removal proceedings, such as a denial of asylum or cancellation of removal, and bond decisions.

An appeal starts with Form EOIR-26, filed with the Board, not with the immigration court. The Board must receive it no later than 30 calendar days after the judge's oral decision or the mailing of a written one (8 C.F.R. § 1003.38 (opens in new tab)). The date of receipt counts, not the postmark, and the Board has no power to extend the time. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

The rules changed in 2026. An interim rule effective March 9, 2026 cut the appeal deadline to 10 days, but a federal court vacated that part, and EOIR Policy Memorandum 26-02 (opens in new tab) confirms that the 30-day deadline remains in effect. The printed regulation alone can mislead. Other parts of that rule were also challenged, so we check the current status of each provision before relying on it.

The Notice of Appeal must say what is being challenged: which findings of fact, which conclusions of law, and why. A vague statement of error can lead the Board to dismiss the appeal summarily (8 C.F.R. § 1003.3 (opens in new tab)). The form also asks whether a brief will be filed; promising a brief and not filing one is itself a ground for dismissal. For decisions issued on or after March 9, 2026, both sides file their briefs at the same time, within 20 days of the Board's briefing order, and extensions are rare.

What the Board reviews, and how

The Board decides on the written record. It does not take new evidence on appeal; a party who needs new facts considered files a motion to remand, held to the same standards as a motion to reopen. Oral argument is rarely granted.

How much weight the Board gives the judge's decision depends on the issue (8 C.F.R. § 1003.1(d)(3) (opens in new tab)):

Facts, including credibility, are reviewed only for clear error. The Board does not weigh the facts again from the start.
Questions of law, discretion and judgment may be reviewed de novo, meaning the Board decides them for itself.

A strong appeal is built around that line. It shows why a finding was clearly wrong on this record, or why the judge applied the wrong legal standard; it is not a retelling of the case. While a timely appeal of a merits decision is pending, the removal order is not carried out (8 C.F.R. § 1003.6(a) (opens in new tab)). The Board may dismiss the appeal, sustain it and reverse or change the decision, or remand the case to the judge.

Motions to reopen a removal order

A motion to reopen asks the judge or the Board that last decided the case to open it again so new facts or evidence can be heard (8 U.S.C. § 1229a(c)(7) (opens in new tab), INA § 240(c)(7)). As a general rule, one motion may be filed, within 90 days of the final order (8 C.F.R. § 1003.23(b) (opens in new tab) before a judge; 8 C.F.R. § 1003.2(c) (opens in new tab) before the Board).

The motion must state the new facts, prove them with sworn statements and documents, and show that the evidence is material and could not have been presented at the earlier hearing. If it seeks relief, the completed application must be attached. Even then, the decision is discretionary. A motion to reconsider is different: it argues that the decision was wrong on the record that existed, and it is generally due within 30 days.

The law lists exceptions to the time and number limits. The main ones are:

Changed country conditions that support a new asylum, withholding of removal or Convention Against Torture claim, with evidence that was not available before.
Orders entered in absentia, under their own rules, explained below.
Joint motions agreed to by DHS.
Certain motions by survivors of abuse who seek relief under the Violence Against Women Act (VAWA).

A motion can also rest on a prior lawyer's serious mistakes. Matter of Lozada (opens in new tab) (BIA 1988) requires a detailed sworn statement, notice to the former lawyer with a chance to respond, and a statement about a complaint to the bar. Filing a motion to reopen generally does not stop removal unless a stay is granted.

Removal orders entered in absentia

When a person misses a hearing, the judge orders removal in absentia if DHS proves that written notice was provided and that the person is removable. The order is final the day it is entered. There is no appeal from the order itself; the way back is a motion to reopen filed with the same court (INA § 240(b)(5)(C) (opens in new tab)). The deadline depends on why the hearing was missed:

Exceptional circumstances, such as serious illness, the death of a close family member or abuse: within 180 days of the order.
No proper notice of the hearing: at any time.
Federal or state custody on the hearing date, through no fault of your own: at any time.

Only one such motion is allowed, so the first one must be complete. Filing it stays removal automatically until the judge decides the motion. If the judge denies it, an appeal to the Board does not carry that automatic stay, and a separate stay request is often needed. An in absentia order can also bar cancellation of removal, voluntary departure and adjustment of status for 10 years; rescinding the order removes that bar.

Stays of removal

Most motions do not pause removal on their own. A stay can be requested from ICE on Form I-246, from the immigration judge, or from the Board while a matter is pending before it. The Board's Practice Manual explains the written stay motion and the emergency version for a person in ICE custody whose removal is imminent (BIA Practice Manual, chapter 5.3 (opens in new tab)). In 2026 the Board said it expects a stay to be asked of ICE first. A stay request only stops removal once it is granted.

After the Board decides

A Board decision is final unless the Attorney General reviews it. Two paths remain, and their deadlines run at the same time. A motion to reconsider or reopen can be filed with the Board, generally within 30 or 90 days. A petition for review must reach the federal court of appeals within 30 days of the final order (8 U.S.C. § 1252(b)(1) (opens in new tab)), and filing a motion with the Board does not pause that deadline. Our judicial review guide explains the federal step. If the case returns to the immigration court, the defense continues there; see our deportation defense lawyer page.

Call (213) 769-0050

Serving Los Angeles & Southern California

Our office is in Van Nuys, in the San Fernando Valley, close to the Van Nuys immigration court where Carlos Maury once heard cases. A motion to reopen is filed with the court that entered the order, so we regularly handle appeals and motions from the Southern California immigration courts:

See all Los Angeles-area immigration courts. Cases from California go, on federal review, to the U.S. Court of Appeals for the Ninth Circuit.

Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.

Because the Board decides appeals on the written record, an appeal does not depend on where you live or are held. Immigration law is federal, so we take appeals and motions from immigration courts in all 50 states. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.

Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.

Mistakes that can sink an appeal or a motion

Missing the deadline. The Board counts the day the appeal arrives, not the day it was mailed, and it cannot extend the time.
Waiving appeal at the hearing without advice. A waiver makes the judge's decision final at once.
Giving only general reasons. A Notice of Appeal that does not say what the judge got wrong can be dismissed.
Sending new evidence with the appeal. The Board does not consider it; new facts need a motion to remand or reopen.
Filing a weak first motion. Usually only one motion to reopen is allowed, so the first one must carry the evidence.
Leaving the country. A departure can carry out the order and end a pending motion.
Letting a notario handle it. A "notario" is not a lawyer and cannot represent anyone before the immigration court or the Board.

About Carlos Maury

Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.

He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.

Frequently asked questions

Can a deportation order be appealed?

Often, yes. An immigration judge's removal decision can be appealed to the Board of Immigration Appeals if the Board receives the Notice of Appeal within 30 days of the decision and appeal was not waived. An order entered in absentia cannot be appealed directly; it is challenged with a motion to reopen.

How long do I have to file an appeal with the BIA?

The Board must receive Form EOIR-26 within 30 calendar days of the judge's oral decision or the mailing of a written one. A 2026 rule tried to cut this to 10 days, but that part was vacated and EOIR confirms 30 days remain in effect. The Board cannot extend the time.

Can I present new evidence on appeal?

No. The Board decides on the record made in immigration court. If new facts must be considered, the right tool is a motion to remand or a motion to reopen, with the new evidence attached.

What is a motion to reopen?

It asks the judge or the Board that last decided the case to open it again so new facts or evidence can be heard. As a rule, one motion may be filed within 90 days of the final order, with exceptions such as changed country conditions, in absentia orders and joint motions with DHS.

I missed my hearing and was ordered removed in absentia. What can I do?

File a motion to reopen with the court that entered the order. If you missed the hearing because of exceptional circumstances, the deadline is 180 days from the order; if you never received proper notice, or were in custody, the motion can be filed at any time. Only one such motion is allowed.

Does an appeal or a motion stop my deportation?

A timely appeal of a judge's merits decision pauses the order while the appeal is pending. A motion to rescind an in absentia order stays removal until the judge decides it. Most other motions do not stop removal unless ICE, the judge or the Board grants a stay.

What happens if the BIA dismisses my appeal?

A motion to reconsider or reopen may be filed with the Board, generally within 30 or 90 days, and a petition for review may be filed in the federal court of appeals within 30 days of the final order. Those deadlines run at the same time.

Do you handle appeals from the Los Angeles immigration courts?

Yes. We regularly handle appeals and motions from the Los Angeles, West LA, Van Nuys, Santa Ana and Adelanto immigration courts and the other Southern California courts, and from immigration courts in every state, because the Board decides on the written record.

Can Carlos Maury influence the Board or the judge?

No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case. What he offers is preparation and experience, not access.

What should I have ready when I call?

Have the decision or order, its date, every hearing notice, the Notice to Appear, the A-number, and any papers from a prior lawyer or from ICE. If a hearing was missed, have the proof of why. Carlos Maury speaks English and Spanish.

Talk with a former immigration judge about your appeal

If you received a removal order, or a hearing was missed, the deadlines to appeal or reopen may already be running. Call to discuss the decision and the options that remain. Hablamos español.

Call (213) 769-0050

Last reviewed: October 2, 2026.