BIA Same Day Filing

IRAC is located directly across the street from the Board of Immigration Appeals (BIA) and offers a same-day filing service to assist fellow attorneys.

To arrange or submit a filing, please email Ben Winograd at bwinograd@irac.net and irac.net@gmail.com. Filings should be sent as PDF attachments and must be received no later than 4:00 pm Eastern Time (ET) on the day of filing. Please include the respondent’s name and A-number in the body of your email.

IRAC’s standard delivery charge is $100. However, we charge $75 for attorneys handling cases pro bono and for purchasers of the current edition of our Index of Unpublished BIA Decisions.

Please review the material below for filing tips and answers to frequently asked questions.

Frequently Asked Questions

By what time does IRAC need to receive documents for same-day filing with the BIA?  

To ensure time for invoicing, printing, and assembly, IRAC must receive any same-day filing by 4:00 pm ET. Any filing received after that time will be accepted on a discretionary basis and may be subject to an enhanced delivery fee.

What time does IRAC deliver filings to the BIA?

All filings leave IRAC’s office no later than 4:15 pm ET to ensure submission before the BIA clerk’s window closes at 4:30 pm ET. Emergency filings that must be submitted immediately will be subject to an additional $25 delivery fee.

How does IRAC collect payment?

After receiving your filing(s), IRAC will email you an invoice containing a link to a website where you can enter your credit card information. The invoice must be paid prior to filing. IRAC is immediately notified once the invoice is paid.

Does IRAC provide proof of filing?

Yes. So long as the invoice was paid, IRAC will promptly email copies of the pages stamped by the clerk’s office after returning from the BIA.

Must submissions be sent as PDFs?

IRAC prefers to receive submissions in PDF format but will accept Microsoft Word files.

Does IRAC accept filings by fax?

We prefer to receive filings by email but will accept filings by fax on an emergency basis. Our fax number is (703) 933-7690.

Does IRAC serve documents it files?

No. Practitioners are responsible for serving filings on the Department of Homeland Security.

Does the BIA require original signatures?

The BIA requires all filings to be personally signed by the respondent or a representative who has filed or is submitting a Notice of Entry of Appearance (Form EOIR-27). Digital signatures and signature stamps are not permitted. While the BIA accepts photocopies of signed pages, practitioners should retain a copy of the original filing in case the Board requests its submission.

What if a BIA filing fee is required?

If the BIA requires a filing fee for your submission, IRAC will write a check that covers the cost of the fee and will include the amount in your invoice. Thus, for a standard filing, the invoice would reflect IRAC’s delivery fee ($100) and the BIA filing fee ($110), for a total of $210.

When does the BIA require a filing fee?

The BIA requires submission of a $110 filing fee if you are filing:

• A Notice of Appeal (Form EOIR-26), except appeals of custody redetermination (i.e. bond appeals)
• A motion to reopen or motion to reconsider, unless based exclusively on a claim for asylum

The BIA does not require submission of a filing fee if you are filing:

• A brief
• A motion submitted while an appeal, motion to reopen, or motion to reconsider is already pending
• A motion for a stay of removal
• A motion to recalendar
• A joint motion
• Any other motion that does not require a fee by law, regulation, or directive

Is more than one filing fee required in consolidated appeals?

If proceedings involving multiple respondents were consolidated by the Immigration Judge, only one filing fee is required in connection with an appeal.

Is it necessary to include a cover letter?

No. Practitioners do not need to submit a cover letter when submitting filings to the BIA.

Is it necessary to include the originals of documents submitted in support of an individual’s case?

No. The BIA accepts photocopies of all documents and discourages practitioners from submitting original documents (unless otherwise instructed).

How does IRAC assemble filings?

In accordance with the BIA practice manual, IRAC pre-punches all filings with two holes along the top (centered and 2¾” apart) and staples them in the top left-hand corner.

Will IRAC place tabs on exhibits?

No. IRAC submits all filings exactly as they receive them. Practitioners should physically label any materials accompanying their materials on the exhibits themselves.

Does IRAC review filings for compliance with the BIA practice manual? 

No. However, IRAC will notify practitioners if they happen to notice a deficiency that could result in the rejection of a filing (e.g., a missing signature or certificate of service).

Tips for Filing at the BIA

• Familiarize yourself with the BIA Practice Manual, the most recent version of which can be downloaded here, particularly Chapter 4.6 (Appeal Briefs) and Appendix J (Citation Guidelines).

• Include pages numbers on your brief.

• Include citations to the record for any factual assertion.

• Place the alien registration number (“A number”) on the cover page of the brief and on the bottom right corner of each page thereafter.

• Refer to the client as the “Respondent,” the government as the “Department of Homeland Security” or the “DHS,” and the immigration judge as the “Immigration Judge.”

• Use “I.J. at __” to cite the Immigration Judge’s decision, and “Tr. at __” to cite the transcript.

 

Unpublished BIA Decisions
Ramon Garcia-Fonseca, A075 535 094 (BIA June 5, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) was not inadmissible