READY TO TAKE THE NEXT STEP?
After BIA denial, federal circuit review is a potential next step. Contact us within 30 days of any BIA decision.
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Overview
After BIA denial, individuals may seek judicial review in U.S. Courts of Appeals (typically Second Circuit for NY-based cases). Circuit review is on the administrative record — no new evidence — but courts apply substantive review standards including review of legal conclusions de novo and factual findings under substantial evidence standard.
Eligibility Requirements
BIA decision adverse to applicant; petition filed within 30 days of BIA decision; jurisdictional requirements met.
Application Process
File petition for review in appropriate circuit; briefing schedule; oral argument (sometimes); circuit decision.
Required Documentation
Petition for review (timely); appellate brief; administrative record; jurisdiction analysis; and standards of review compliance.
Government Filing Fees
Court filing fees.
Processing Timeline
Circuit decisions 12–24 months.
Why Choose Our Firm
We pursue federal circuit appeals in asylum, withholding, CAT, removal orders, and complex statutory interpretation cases.
