Appealing Your Deportation Order From an Immigration Judge

Living in the United States as a migrant or temporary resident is getting harder every day. The last few years have seen a significant shift toward more rigorous and effective enforcement. It does not follow, however, that the authorities can act arbitrarily. Your case must still go through judicial review if you have been detained by the immigration authorities.

If you are in the country illegally or have violated the terms of your

legal residence, you will need to go through deportation proceedings in an immigration court. This does not mean you will be deported, only that your case will be reviewed by an immigration judge.

The Importance of Retaining an Immigration Lawyer

During deportation proceedings, you can be represented by your own deportation lawyer Pasadena. You should hire a deportation attorney rather than handle the matter yourself. In the court hearing, the immigration authorities will present the case for your deportation. You will need someone who can rebut the charges. If the judge finds in favor of the government, they will issue an order of deportation. Your only recourse to fight the deportation is to appeal the decision.

This is not as futile as it may seem. Up to 40,000 people a year appeal the decisions made by immigration judges. Many people, some of whom had no legal right to be in the country, emerge from the appeals process victorious—with a right to remain indefinitely.

Appealing Your Case

The deportation lawyer Pasadena you hire will help determine whether you can appeal your case. An appeal is a second judicial review of your case. You must show that the original judgment against you contained some legal error. The one thing you can’t do is submit new evidence, no matter how compelling.

If, for example, you sought refuge in America owing to a genuine threat to your life and the judge did not recognize your refugee status, then it makes sense to file an appeal. If, however, you were arrested, charged, and convicted of a crime and your illegal status was detected was subsequently discovered, you will have no chance of winning in an appeals court.

Immigration laws are highly complex. And if you are dealing with something as sensitive and complicated as asylum, then you must turn the matter over to a deportation immigration attorney. These are the only kinds of professionals who have the knowledge and insight to spot errors in judicial decisions and make your case before an appeals court.

The Need for Timeliness and Accuracy

A deportation immigration attorney can also ensure that you submit all documents on time. There are deadlines that must be met. You have only 30 calendar days after the immigration judge’s decision to send your Notice of Appeal to the Board of Immigration Appeals. You must ensure that the notice you send is written correctly and that it contains the requisite information. You must also ensure that the notice arrives at the appropriate place. Your deportation immigration attorney will see to all this so that you don’t have to worry about it.

Procedures for Filing an Appeal

The BIA is made up of 21 people. Their decisions are made independently. In most instances, only one judge will decide on your case. Procedures for filing an appeal with the Board of Immigration Appeals is set out in a manual provided by the organization. It is laid out step-by-step. The immigration lawyer Pasadena will be familiar with the document and will take you through the process. There is a filing fee of $110, which can be paid by check or money order. Once the application has been submitted and the fee is paid, the BIA will send you a deadline for the submission of your brief.

In most instances, your immigration lawyer Pasadena will need to rely on making the strongest possible case in a written brief. It is rare for the BIA to hear oral arguments. The appeals judge who reads the brief may decide to overturn the original judge’s decision and grant your request for relief. Another possible outcome is for the case to be sent back to the immigration judge for additional hearings.

If the BIA judge rejects your appeal, it may be possible for you to pursue the matter with a federal appeals court in your jurisdiction. At this point, you will need to ask the deportation attorney that you hired if they are up to it. Taking a case before a federal appeals court requires extensive briefing preparation; it may also require your lawyer to argue orally before the court. Not all immigration attorneys are qualified and experienced enough for this kind of job. Your attorney may need to bring in another lawyer to help or may refer you to a colleague who is much more competent to handle the case.

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