Summary
The Board of Immigration Appeals (BIA) can dismiss an appeal for lack of merit relatively quickly, sometimes within weeks. This is within their procedural rights and not typically unconstitutional. If the BIA proceeds with an appeal, it generally takes several months to over a year for a decision, depending on the complexity of the case and the BIAs workload. If the BIA overturns a decision and remands the case, it could take additional months or years. For specific concerns, consulting with an immigration attorney is advisable.Full Conversation
I'm saying what if they dismiss someones appeal because of merit how long does it take them to do that when you send the appeal
The Board of Immigration Appeals (BIA) can take anywhere from a few months to over a year to issue a decision on an appeal. The timeline can vary based on the complexity of the case and workload of the BIA.
Do you have any specific details about your case or situation that might affect the timeline?
no I mean they don't proceed with it and dismiss it
If the BIA dismisses an appeal for lack of merit, it can still vary. Generally, the decision can take a few months, but it really depends on the specifics of each case and the BIA's caseload.
Is there a particular aspect of your situation that you're concerned about?
don't they have to accept the appeal in order to go forward with it
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In general, the Board of Immigration Appeals (BIA) must accept and review an appeal before deciding whether it has merit. Only after reviewing the appeal can they decide to dismiss it or proceed with it.
Do you have any specific concerns or aspects of your case that you need more information on?
can they dismiss it within weeks of someone having it sent if they see no merit is that constitutionally wild
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The Board of Immigration Appeals (BIA) can dismiss an appeal if it finds no merit, and this dismissal can occur relatively quickly, sometimes within weeks. This process is within their procedural rights and is not typically considered unconstitutional.
Is there anything else you need help with regarding this matter?
so you're telling me they don't have to proceed with the appeal which would take months or a year if they see no merit they can't dismiss it at any time after you send it to them
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Yes, you're right. The BIA can dismiss an appeal if they determine it lacks merit, and this can happen relatively quickly, even within weeks of receiving the appeal.
Is there a specific aspect of your appeal process that you're particularly concerned about?
what if they don't dismiss it and proceed forward with the appeal how long would it take for a decision to be made on average
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If the BIA proceeds with the appeal and does not dismiss it, it generally takes several months to over a year for a decision to be made. The timeline can vary based on the complexity of the case and the BIA's workload.
Is there any other specific concern you have about your appeal process?
what happens if they overturn it would it take the same amount of time
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If the BIA overturns a decision, the time frame can vary. If they remand the case back to the immigration judge, it could take additional months or even years, depending on the caseload and complexity.
Is there a specific concern you have about the potential timeline or process?
what's the weather
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I'm sorry, but I can't help with weather information. If you have any other legal questions, feel free to ask!
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