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OMB No. 1125-0010 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Notice of Appeal to the Board of Immigration Appeals from a Decision of a USCIS Officer

You can find this information and forms electronically in the USCIS Officer's Decision Summary webpage. A case has not been decided by the Board of Immigration Appeals. How to Write a Formal Appeal to the Board of Immigration Appeals A USCIS Officer has made a decision, but the Department of Homeland Security (DHS) has appealed that decision on grounds that the decision is contrary to law. Your challenge to that decision is filed as an appeal. The Board of Immigration Appeals is a federal court of appeals that reviews the reasons for administrative decisions of USCIS Officers. The USCIS Officer making the decision can appeal the decision to DHS, but the DHS Officer cannot file his or her appeal directly with the Board of Immigration Appeals. DHS has authority, in writing, to direct an applicant who claims that his or her right to be in the United States was violated to file a civil action against an officer named in the decision. This authority, known as a DHS Directive, remains in effect for up to 30 days after DHS has given the Directive for Review. You must file your appeal as one of the parties to the case. There is no fee for doing so. There is an additional fee for filing a petition on appeal, which is a separate component of the appeal. Do not forget to use the correct form to complete your USCIS Officer's Decision and Appeal letter and to pay any additional fees. Important: The USCIS officer who conducted a deportation is entitled, even if he or she is not named as a respondent in the case, to be represented by an attorney. Do not make any additional appeal to the Board of Immigration Appeals without being able to represent yourself in the appeal, unless you have an attorney. Do not give any information about yourself, such as your immigration status, until the immigration service has reviewed the decision and ordered a final decision. (See page 4 of our page titled “How to file a Petition on Appeal”.) For information on the procedure to file an appeal if the officer is not named as a party, see page 11 of the USCIS Officer's Decision and Appeal Letter. For information about filing an appeal to the Board of Immigration Appeals, visit the Board of Immigration Appeals webpage.

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