The vast majority of appeals are filed with the Board of Immigration Appeals (BIA) after an Immigration Judge issues a final decision on a case.
On the other hand, an interlocutory appeal is filed to contest a ruling by an Immigration Judge on collateral issues of the case.
The BIA does not generally hear interlocutory appeals, except in some instances involving important jurisdictional questions, or recurring issues in the handling of cases by Immigration Judges. Matter of K-, 20 I & N Dec. 418 (BIA 1991).
The BIA routinely entertain interlocutory appeals concerning the denial of a motion for a change of venue. The denial of a motion for a change of venue is an extremely important matter that must be addressed before trial.
Interlocutory appeals must be filed within 30 days of the judge's decision, by mailing a Notice of Appeal, Form EOIR-26, to the BIA Clerk's office.
The notice of appeal has to contain information about the decision being appealed, the judge's name, and the date of the decision. If you are filing an interlocutory appeal based on a judge's written decision, you must also include the decision along with the Notice of Appeal.
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