Immigration Appeals Attorney in Silver Spring, Maryland

Motions to Reopen and Motions to Reconsider

Before pursuing a formal appeal, it is often efficient to file a Motion to Reopen or a Motion to Reconsider with the body that issued the adverse decision — whether USCIS or an Immigration Judge.

A Motion to Reopen asks the adjudicator to reconsider the decision based on new facts or evidence not previously submitted. A Motion to Reconsider argues that the decision contained an error of fact or law. Both have strict time limits — typically 30 days for immigration court decisions, 90 days for BIA decisions, and 30 days for USCIS decisions (with exceptions).

Attorney Fogam evaluates each case to determine whether a motion at the originating level or an appeal to a higher body is the most strategic option given the grounds available and the applicable deadlines.

• Motion to Reopen before USCIS based on new evidence
• Motion to Reconsider USCIS decisions for legal errors
• Motion to Reopen before an Immigration Judge
• Motion to Reopen in absentia removal orders
• Sua sponte reopening requests (discretionary)
• Motions to reopen BIA decisions

Appeals to the Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the highest administrative immigration tribunal in the United States, located in Falls Church, Virginia. It reviews appeals from decisions made by Immigration Judges and certain USCIS decisions.

BIA appeals must be filed within 30 days of the Immigration Judge's decision. The process is entirely in writing — no new hearings are held — and requires a carefully crafted legal brief identifying errors of law or abuse of discretion in the lower decision.

Attorney Fogam has filed BIA briefs challenging removal orders, asylum denials, cancellation of removal denials, and visa petition denials. Our briefs are comprehensive, legally precise, and tailored to the specific facts and legal issues of each case.

• Form EOIR-26 Notice of Appeal to the BIA
• BIA briefing (opening brief, reply brief)
• Briefing on asylum, removability, cancellation of removal, visa denial
• Oral argument before the BIA (where permitted)
• Remand from BIA back to Immigration Judge
• Emergencies: stays of removal pending BIA appeal

Petitions for Review in the Federal Courts

When the BIA upholds an adverse decision, the next level of review is the federal circuit court of appeals. In Maryland and the D.C. metro area, immigration matters are reviewed by the U.S. Court of Appeals for the Fourth Circuit (based in Richmond, Virginia) or the D.C. Circuit, depending on where proceedings were held.

Federal court petitions for review must generally be filed within 30 days of the BIA decision. Federal courts review only questions of law — not factual findings — so the petition must identify a legal error, constitutional violation, or due process failure in the administrative decision. When a petition is filed, a stay of removal may be sought to prevent deportation while the case is pending.

Attorney Fogam has experience drafting petitions for review and federal court briefs, challenging BIA decisions on asylum, removal, and visa petition denials.

• Petition for review in the Fourth Circuit or D.C. Circuit
• Emergency motion for stay of removal
• Federal court briefing (opening brief, reply brief)
• Constitutional and due process arguments
• Oral argument before the court of appeals
• Remand to BIA or Immigration Court on favorable decisions

Administrative Appeals to the AAO

USCIS appeals for many petition types go to the Administrative Appeals Office (AAO) rather than the BIA. The AAO handles appeals of denied visa petitions (I-140, I-526, I-130 in certain cases), waiver applications, and other USCIS decisions.

Like BIA appeals, AAO appeals are conducted in writing. Attorney Fogam analyzes the denial notice (which must explain the reasons for denial) and constructs a brief addressing each stated ground, citing applicable regulations, USCIS policy memoranda, and binding precedent decisions.

USCIS Reconsideration and Federal District Court Actions

In cases where the BIA and circuit courts cannot provide adequate relief, or where USCIS unreasonably delays action on a pending application, federal district court litigation may be available. This includes mandamus actions to compel USCIS to adjudicate long-pending applications, APA (Administrative Procedure Act) challenges to arbitrary USCIS decisions, and habeas corpus petitions for detained individuals.

Attorney Fogam coordinates with litigation counsel on federal district court matters, providing the underlying immigration law expertise needed to support complex federal immigration litigation.