The judge said no. That's not the last word.
A denial, a detention, or a petition that's been stuck at USCIS for years can feel like the end of the road. It usually isn't. There's almost always a next court, a next filing, a next step. We take it with you.
Where we step in
Each of these goes to a different decision-maker, with its own rules and its own clock.
BIA Appeals
The immigration judge said no. The Board can review that decision, but only if the appeal is filed within 30 days. The appeal is won or lost on paper, so the brief is everything.
Appealing to the BIA →Detention Habeas
Someone you love is detained with no bond hearing. A habeas petition asks a federal judge whether that detention is lawful. Family members can file on the detained person's behalf.
Habeas for ICE detention →I-130 Delay Lawsuits
Your family petition has been "pending" for years. Federal law says agencies must decide within a reasonable time. A federal court can order USCIS to act.
Suing over a delayed I-130 →How long do you have?
Less than most people think. These come straight from the rule text. Miss one and the door can close for good.
Appeal to the BIA
From the judge's oral decision, or from the mailing or electronic notice of a written one.
8 C.F.R. § 1003.38(b)Petition for review
From the final order of removal, filed in the federal court of appeals.
8 U.S.C. § 1252(b)(1)Motion to reconsider
From the final administrative order of removal.
8 U.S.C. § 1229a(c)(6)(B)Motion to reopen
From the final administrative order, with exceptions written into the statute.
8 U.S.C. § 1229a(c)(7)(C)The law is supposed to be a tool, not a wall.
Most families never hear that a removal order can be appealed. Few know that a detained person can ask a federal judge to review the detention, or that you can sue the government when it won't decide your case. Those tools exist, and they belong to you. Too often no one hands them over.
Law Nerd LLC is an appellate and briefing practice based in Mission, Texas. Writing to a higher court is what we do every day. We bring that work to immigration cases, because that's where people most need someone who keeps going. Service over self.
Close to the courts and detention centers in the Valley
- Immigration courts: Harlingen and Port Isabel
- Detention: Port Isabel Service Processing Center (Los Fresnos) and El Valle Detention Facility (Raymondville)
- Federal court: Southern District of Texas (McAllen and Brownsville divisions)
- Appeals: Fifth Circuit Court of Appeals
BIA appeals are filed with the Board itself, so they aren't limited to one region. Tell us where you are.
How we start
1 · You give us the dates
When the judge ruled, when the detention began, or when the I-130 was filed. The dates tell us which clock you're on.
2 · We read the record
The decision, the notices, the transcript. We look for the issue a higher court can actually act on.
3 · We tell you the truth
What your options are, what each one risks, and what it costs. Then you decide. If we take the case, we file it and keep going.
For immigration attorneys
You tried the case. We can brief the appeal, draft the habeas petition, or handle the federal-court side of a delay suit, as co-counsel or behind the scenes.
Straight answers
Can I appeal an immigration judge's decision?
Yes, in most cases. You file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals within 30 calendar days of the decision. An appeal waived at the end of the hearing can end that right, so check what happened at the hearing.
My family member is detained and can't get a bond hearing. What can we do?
A petition for a writ of habeas corpus under 28 U.S.C. § 2241 asks a federal judge whether the detention is lawful. A family member can sign it on the detained person's behalf. Depending on the case, the judge can order a bond hearing or release.
Can I sue USCIS for taking too long on my I-130?
Yes. Federal law requires agencies to decide matters within a reasonable time. A lawsuit under the Administrative Procedure Act and the Mandamus Act asks a federal judge to order USCIS to decide. It can't guarantee an approval.
Do you speak Spanish?
Sí. Se habla español. You can fill out our form and talk with us in either language.
Don't let the clock decide your case.
Tell us what happened and the most important date. It takes about three minutes.