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Immigration question: DHS trial attorney always retain the right to send to BIA?

Los Angeles, CA |
Filed under: Immigration court

Just curious to know after a cancecllation is granted in immigration court, does the DHS attorney ''almost'' always retain the right to appeal (just to have extra shot in case they find something) or its case by case sometimes they let it go? if they dont retain the right to appeal in court, do they still have the possibility to appeal within the 30 days or the judge decision granting the relief becomes final the day they waived their right to appeal.. please let me know based on your experience different situations that you might have seen occuring in immigration court. thank you

Attorney Answers 1


  1. At the end of the trial, the IJ usually gives both sides an opportunity to waive or reserve appeal. If either party waives, then they lose the right to appeal. However, they may still move the court to reconsider if the motion is filed within thirty days of the decision. Based on my experience, most DHS attorneys will reserve for "purposes of the record" and then only appeal if they have a significant legal issue to raise.

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