There are very few appeals From an IJs decision available. As a general rule, regardless what you think is going on with your case after the Master Calendar Hearing, you are left to attend the Individual Regular Calendar Hearing and comply.
Under what circumstances would I find myself before the Board of Immigration Appeals?
Typically, this will happen at the end of your court case and the judge has ordered the person removed/deported. But in doing so, the Attorney determines that there is an appealable set of facts or interpretation of law. Generally, after being ordered deported, the next application for relief is to see if the Board of Immigration appeals will overrule the lower immigration court.
It’s a real strategic move to make the determination because if it’s not done properly even though you may win on appeal for that issue you may lose the prize at the end, of being able to get residency or prosecutorial discretion, or something to be able to remain in the U.S. Our knowledgeable attorneys are able to assist you with those filings.