If the appeal is dismissed, the Board will notify the appellant and his lawyer. The decision of the Board will inform the appellant on the basis of the dismissal. The appellant can file a federal appeal with the Federal Appellate Courts to review legal issues again. The recall order will go into effect, which means that the CBSA can remove you from Canada.
You may want to seek legal advice. Discuss the appeal option with your lawyer before the last day of your court hearing and don't make the decision to waive the appeal lightly. If you say you don't want to appeal to B, I, A. At the end of the procedure, you can't change your mind and do it later.
Nor does it mean that you avoided a negative immigration consequence if you were convicted of a misdemeanor versus a felony. If, after an immigration judge has made a decision on your case, new facts or evidence emerges that the IJ did not consider or that it did not consider in deciding your case, you will want to file what is called a motion to reopen. An appeal is a request that is sent to a higher court (a court with more authority) asking it to review the decision of a lower court. For more information on this stage of the process, see When You Will Receive the Immigration Judge's Decision.
When the BIA dismisses an appeal against an immigration judge's decision to order the removal of a person and not to grant any kind of relief, the BIA decision makes the removal order “administratively final.” When you apply for your green card or naturalized citizenship, the United States Citizenship and Immigration Services (USCIS) will extract your fingerprint record. After the immigration judge issues the decision and before you file an appeal, your departure from the U.S. UU. Criminal charges will almost always have some impact on non-citizens, whether they have a valid visa, a green card, or have no immigration status at all.
The IJ decision will be final and your case will basically be considered finished if you choose not to file an appeal with B. In addition, if you are in detention, deciding to appeal your case would keep you in detention, so you could decide to waive the appeal simply to get out (but you will have a deportation order) against you, too, so that you will have to leave the U. Again, there are strict rules when filing any of these motions, so it is very important to follow the Immigration Court Practice Manual. Even if an appeal is filed, there may be a reason to ask the BIA to reconsider its decision or to reopen the case so that more evidence can be presented.
In addition, if you only file a motion to reopen or reconsider and do not appeal the original BIA decision, you may lose the opportunity to appeal the original BIA decision. While most dismissed appeals can be brought before the Circuit Court, that doesn't mean that all of them should, and you should consult with an attorney to discuss whether you have a good case to address on appeal. Because the outcome of your criminal case may affect your immigration status, choose an attorney who can help you with both aspects before it becomes a real problem.
