Immigration Appeal Lawyer

First Level of Appeal – Motion to Reopen or Reconsider

The first line of appeal is to launch a motion to the officer responsible for making the decision to reopen your case or reconsider your case, also known as an immigration review. A request is made to USCIS to revisit the decision to evaluate whether it reached the correct result.

MOTION TO REOPEN

A motion to reopen is used when you are trying to introduce new facts discovered after the case’s conclusion, which, if proven, are likely to produce a different result. The application is made to the same judicial officer who heard the case.

MOTION TO RECONSIDER

A motion to reconsider is also made to the judge who made the initial decision. A motion to reconsider is founded on new legal grounds that could result in a different decision. You could, for example, argue that the law was applied incorrectly or that a legal judgment was erroneous. There could be conflicts between the precedent judgments cited, and the judicial officer would consider these arguments and decide whether the case warrants reconsideration.

The Second Level of Appeal – The Board of Immigration Appeals or the Administrative Appeals Office

Appeals differ from motions because appeals are heard before a different immigration judge or judicial officer. In addition, often, there is no need for the immigrant to be present at the appeal as appeals are generally based on written and not oral arguments, though there are exceptions.

Appeals against USCIS or other immigration agency decisions must be made to the Administrative Appeals Office ((AAO). The AAO handles appeals stemming from denials of immigrant petitions and applications. As part of its mission, the AAO ensures that immigration law and policy interpretations are consistent and accurate.

Immigration Court decisions can be appealed to the Board of Immigration Appeals (BIA). The BIA is the highest administrative body for interpreting and applying immigration laws. The Board reviews appeals concerning the decisions made by immigration judges, and District Directors at the Department of Homeland Security (DHS). Also under the jurisdiction of the immigration board are cases decided by immigration judges, USCIS, and immigration arrests by Customs and Border Protection and U.S. Immigration and Customs Enforcement. The BIA’s goal is to ensure that immigration laws receive a fair and uniform application. Each case is decided on its own merits. Decisions bind all immigration judges and DHS officers.

The Third Level of Appeal – the Federal Circuit Courts

If the BIA affirms the immigration judge’s decision, you can petition for review with the Federal Circuit Court of Appeal, which has jurisdiction over your matter.

The U.S. was founded on human rights and dignity principles for all citizens and non-citizens. If you feel the justice system has failed you, you may have the right to an appeal. However, there is no automatic right to appeal, and your grounds for appeal would be heard by a panel of judges before an appeal is granted.

The Supreme Court of the United States is the final court of appeal in the federal system. Typically the Supreme Court will determine cases of significant national importance and deals with constitutional issues.

Possible Outcomes of an Immigration Appeal

The outcomes of an immigration appeal can go in multiple directions. The outcomes depend on the particulars of your case and the strength of the arguments presented during the appeal process.

The successful appeal outcomes could be

• Reversal of initial unfavorable decisions in your favor, granting you the immigration benefits you sought.
• Remand the case to the USCIS or the immigration court for further consideration.

The possible outcomes when the appeal is denied

• If your appeal is denied, you might have the option to file a motion to reconsider or reopen with the same court.
• You might have to submit a new application for the immigration benefits you were seeking.