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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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Hear this out loud PauseIf the appeal or proceeding has been perfected and responded to, an appellant must either make a formal motion on notice for leave to withdraw it, or must submit a stipulation signed by all parties consenting to the withdrawal (22 NYCRR 1250.2[b]; 670.2[a]).
Hear this out loud PauseThe party appealing (the Appellant) may withdraw an appeal only with the consent of the Board. If an Appellant does not want to proceed with an appeal, the Appellant must make a request to the Board, in writing, to withdraw the appeal. The Appellant or their agent or lawyer must sign the withdrawal request.
In almost all cases, the appellate court only looks at two things: Whether a legal mistake was made in the trial court. Whether this mistake changed the final decision (called the "judgment") in the case.
Hear this out loud PauseThe withdrawal of appeal must be in writing and filed with the BIA. The cover page to the withdrawal should be clearly labeled "MOTION TO WITHDRAW APPEAL" and comply with the BIA's general requirements for filing found in the BIA Practice Manual, Chapter 4.11.