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Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Thousands of immigration decisions are handed down by hundreds of judges all across the US every week. With judges swamped by an ever-increasing number of immigration hearings, the likelihood of erroneous decisions being handed down increases.
Several avenues of appeal are available to you against an unfavorable decision where you feel you have been wronged; there has been a mistake, a wrong judgment, or an administrative decision handed down by the immigration court. It may be in your best interest to appeal your deportation order if a judge has ruled against you.
Our team of committed and empathic immigration attorneys will fight for you every step of the way. Read on to learn more about the immigration appeals process and how our experienced immigration lawyer can help you win your case.
An appeal is a request for a higher court to review an immigration decision made by a lower court. In the immigration context, appeals are typically filed with the Board of Immigration Appeals (BIA), followed by the federal appellate courts if necessary.
The BIA is an administrative body that hears appeals from decisions made by immigration judges in the first instance. If your appeal to the BIA is unsuccessful, you may file a petition for review with the federal court of appeals.
The immigration system has three built-in levels of appeals for immigration cases.
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 the U.S. Citizenship and Immigration Services (USCIS) to revisit the decision to evaluate whether it reached the correct result.
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.
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 misapplied 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.
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.
If the BIA affirms the immigration judge’s decision, you can petition for review with the federal appellate court, 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 deal with constitutional issues.
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
The possible outcomes when the appeal is denied
The cost of appealing an immigration case can vary widely based on several factors. Here are some of the factors that could influence the cost of an immigration appeal:
To get an accurate estimate of the costs involved in appealing your immigration case, it’s best to consult with an experienced immigration appeal lawyer. They can review the specifics of your case and provide a breakdown of all potential costs. Keep in mind that while costs are a significant consideration, the expertise of a good immigration lawyer can significantly affect the outcome of your appeal.
Andrew T. Thomas, an attorney at law, is familiar with immigration law. We provide a range of immigration services, including representation in immigration appeals.
By hiring an immigration attorney from us, you can benefit from the following:
By hiring an immigration attorney from Andrew T. Thomas, Attorneys at Law, you can be assured that you receive the representation and support you need in your immigration appeal. Call us to schedule a free consultation today!
If you are looking for an immigration appeals lawyer, consider contacting us today. We are a law firm steeped in the nuances of immigration law and have extensive experience handling immigration appeals.
An immigration appeals lawyer can provide professional guidance and representation throughout the appeals process, increasing the chances of a successful outcome.
If you have any questions or concerns regarding your immigration appeal, feel free to contact Andrew T. Thomas, Attorneys at Law, for a consultation. We look forward to hearing from you!