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Washington, D.C. – April 9, 2025 — In a recent immigration board appeal decision, the Board of Immigration Appeals (BIA) reaffirmed that noncitizens must file an appeal within 30 days from the date an immigration judge delivers an oral decision, regardless of when a summary memorandum is mailed.

The ruling came in the case of Matter of Zaid Iskandarani, case number 4089, where the BIA determined that Iskandarani's October 18, 2023, appeal was filed two days past the October 16 deadline. The original oral decision had been rendered on September 14, 2023.

In the decision, written by Appellate Immigration Judge Michael P. Baird on behalf of a three-member panel, the Board rejected Iskandarani's argument that the deadline should be calculated from the date a memorandum summarizing the oral decision was mailed to his attorney. Judge Baird stated:

“An oral decision is not transformed into a written decision merely because the Immigration Judge prepares a memorandum summarizing the oral decision. This is true even if the Immigration Judge later sends the memorandum by mail.”

The BIA emphasized that under federal regulations, the 30-day deadline for filing an appeal begins on the day an oral decision is issued in court. Written decisions, by contrast, begin their 30-day filing period when mailed to the parties.

Although a memorandum was mailed to Iskandarani on September 25 summarizing the judge’s oral ruling, the BIA maintained that the appeal deadline was unaffected by the mailing and upheld the dismissal as proper.

Judges Hugh Mullane, Ana Landazabal Mann, and Michael P. Baird sat on the panel for the Board of Immigration Appeals. Iskandarani is represented by Wael M. Ahmad of Ahmad Law Firm PLLC.

This immigration board appeal decision serves as a clear reminder to attorneys and noncitizens that the timing of appeals is strictly governed by the type and date of the judge's ruling.