So your BIA Brief is submitted. Now what?
You could just wait for an answer from the Board, but is that all? No.
One way to make sure the Board has a complete record when it finally makes a decision is to continue to monitor the law and the facts of your case and to tell the Board when anything changes. But you don’t get to file another merits brief (usually).
So, what else can you do? Here are a few ideas:
File a Statement of New Authorities
A particularly effective tool is the statement of new authorities.
This is exactly what it sounds like. The Board’s practice manual says that after briefing is completed, you can file a statement of new authorities if new cases are published that affect your argument in the brief.
Whenever a party discovers new authority subsequent to the filing of a Notice of Appeal or brief, whether that authority supports or detracts from the party’s arguments, that party should notify the Board of the new authority. See Chapter 4.6(g)(i) (New authorities). If either party wishes to brief new authority, that party should consult Chapter 4.6(g)(ii) (New argument).
You can also submit a statement of supplemental authorities if you find that you missed a case later on and want to submit it late.
Both of these are important, because all arguments (including arguments based on new cases) have to be exhausted before the Board of Immigration Appeals if you plan to raise them before the Circuit Court. Also, the new authority might encourage the Board to grant your appeal even if it wasn’t considering doing so before.
Ask for Supplemental Briefing
If the brief is filed and you have thought of more reasons the Board should remand, file a “supplemental brief.” As the BIA Practice Manual notes, such a request requires a “motion for leave to file” such a brief, which I tend to file at the same time. Even if the Board does not accept the supplemental brief, at least your arguments will have been exhausted so that you can take them on to the Circuit Court if necessary.
File a Motion to Remand
If the facts of your case have changed in a way that improves your case, you should file a motion to remand. A motion to remand asks the Board to send the case back to the Immigration Judge to address the new facts. Because the Board is unable to conduct fact-finding, the Board should remand any new factual issue to the Immigration Judge unless the Board determines the issue would have no bearing on the outcome.
File a Motion to Expedite
Another useful — but often overlooked — tool is the Motion to Expedite. This is especially helpful if your case is time-sensitive but doesn’t involve new law or facts that would justify a motion to remand or supplemental briefing. A Motion to Expedite asks the Board to prioritize your appeal due to urgent circumstances. And you’re allowed to attach additional evidence to your motion to expedite.
The BIA has wide discretion in deciding whether to expedite a case, and there’s no guarantee it will grant your request. But in many cases — especially where a delay would cause serious harm — it’s worth asking. You simply draft a short, clear motion asking the Board to issue a decision more quickly than usual.
To improve your chances, include documentation showing why expedition is warranted. Common examples include:
Imminent medical procedures or declining health of the appellant or a close family member
Impending family separation (e.g., where a family member is set to age out or leave the country)
A pending visa or green card application that cannot be approved until the appeal is resolved
A qualifying job offer or career opportunity that depends on timely resolution
Extreme hardship caused by prolonged separation or legal uncertainty
Attach any relevant evidence like medical records, affidavits, letters from employers, school or government documentation, etc. Keep it organized and easy to follow. The Board appreciates brevity and clarity.
You can also point to the time the case has already been pending. If your appeal has been fully briefed and sitting with the Board for many months (or longer), mention that fact and respectfully request a decision.
Even if the Board denies or ignores the motion, it can be useful down the road — for example, in seeking mandamus relief in federal court if the appeal is delayed unreasonably. It also puts the Board on notice that the case involves time-sensitive issues that might require swift action. And at a minimum, it gets those documents into the record so that a future court on appeal will be able to see them.
Filing a Motion to Expedite won’t always change the timeline. But it’s a low-cost, low-risk step that can make a big difference, and it’s one more way to stay proactive while your appeal is pending.