Skip to main content
Chapter 6 - Appeals of Immigration Judge Decisions

6.4 - Waiver of Appeal

(a) Effect of Appeal Waiver

If the opportunity to appeal is knowingly and voluntarily waived, the decision of the immigration judge becomes final.  See 8 C.F.R. § 1003.39.  If a party waives appeal at the conclusion of proceedings before the immigration judge, that party generally may not file an appeal thereafter.  See 8 C.F.R. § 1003.3(a)(1)Matter of Shih, 20 I&N Dec. 697 (BIA 1993).  See also 8 C.F.R. § 1003.1(d)(2)(i)(G).

(b) Challenging a Waiver of Appeal

Generally, a party who waives appeal cannot retract, withdraw, or otherwise undo that waiver.  If a party wishes to challenge the validity of their waiver of appeal, the party may do so in one of two ways: either in a timely motion filed with the immigration judge that explains why the appeal waiver was not valid or in an appeal filed directly with the Board of Immigration Appeals that explains why the appeal waiver was not valid.  Matter of Patino, 23 I&N Dec. 74 (BIA 2001).  Once an appeal is filed, jurisdiction vests with the Board, and the motion can no longer be ruled upon by the immigration judge.  For detailed guidance on whether the immigration court or the Board has jurisdiction over a particular matter in which an appeal has been filed, parties should consult the Board of Immigration Appeals Practice Manual.