How an Immigration Appeals Attorney Los Angeles Can File an Appeal For Youu
In removal proceedings, either the immigrant or the government may appeal various decisions of an immigration judge to the Board of Immigration Appeals (BIA). The BIA is part of the Executive Office for Immigration Review, a division of the Department of Justice (DOJ). The DOJ is a separate federal agency from the Department of Homeland Security (DHS). The US Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the DHS. If you are interested in learning more about how to file an immigration appeal or file a motion, it is important that you are aware of the complexities and processes that come with these types of cases. At Alami Law, our team will be able to provide you with the legal advice and guidance you need during this sensitive time.
What Does the BIA Do?
The BIA has control over various types of immigration actions, stemming from an immigration judge’s decision, including, but not limited to, the following:
- Decisions in deportation (removal) proceedings
- Relief from removal
- Waiver applications
- Bond, parole or other detention determinations
- Cancellation (rescission) of adjustment of status
- Denial of I-130 family-based visa petitions among others
In some cases, the BIA’s decisions are subject to judicial review by the federal courts.
How Are Federal Courts Involved?
If judicial review is allowed, the location of the immigration court where the removal proceedings took place determines which U.S. Circuit Court of Appeals has control over the case.
What Should I Do If I’d Like To Appeal?
Appeals to the Board of Immigration Appeals (BIA) and to the federal courts require detailed knowledge of both important court decisions and interpretations of the immigration laws. At Alami Law, we recommend that an immigrant considering an appeal or bringing a motion to reopen a case should schedule a consultation by calling us at 626-469-7354. We will be able to analyze your case and determine whether or not the immigration judge’s decision is final.
The appeal process is very complex and can be quite overwhelming, which is why it is best to consult with a lawyer that appeals closed immigration cases. By having an immigration appeals attorney in Los Angeles who thoroughly understands your case as well as the appeal process, it can help your case tremendously. It is important to disclose all information related to your case so your lawyer can determine the best action plan. You can learn more about the immigration appeal process by contacting our team.
It is no secret that the process of obtaining a green card is very difficult. It is a very complicated process that requires a lot of time, effort, and funds. This is why receiving a green card denial is so draining, both mentally and emotionally. If you have had a green card denial or are in the process of trying to obtain a green card, it is best to consult with a green card denial attorney who specializes in immigration law. We will be able to determine why this occurred, as well as the next steps to take if you have received a denial.
If a decision was made in court regarding deportation proceedings, does that mean that the decision was final? Perhaps it was good or bad news, many people still want to know if their case is over and if the final decision was made. The short answer to this question is: yes and no; however, it is much more complex than that and it is dependent on your unique case. If you have received a decision from an immigration judge and are wondering if it is final or not, it is best to consult with a legal professional and explain what happened so we can determine your next options.
If you have made the journey to the United States for asylum, you may have a difficult time convincing authorities to grant your request. Asylum, which is the protection from persecution, is a complex process even under the best of circumstances. Unfortunately, once you start the process of trying to convince U.S. government authorities you are telling the truth and deserve protection, more often than not, your request will be denied. However, this denial doesn’t mean that the decision is final. You may have the option to appeal your case. If you would like to appeal an asylum denial, contact our team today so we can provide you with the legal help you need.
Those who have lost an immigration court proceeding may be able to ask the court to reopen or reconsider the case, by filing a motion to reopen or reconsider a case in immigration court. Bringing a motion to reopen a case involves bringing new facts that were unknown or not available at the time of the original hearing. Whereas a motion to reconsider is based on the incorrect application of law or policy in the initial decision, such as denial of constitutional rights. Our team of lawyers are experienced in appeals law, and can bring a motion to reopen an immigration case. You can trust that our team has your best interest in mind.
An immigration appeal can take between six months to one year. Although, for most applicants there is no clear answer. Contributing factors, like a backlog of pending appeals can prolong the application process. Immigrants and attorneys have little control outside of submitting files and supplementary documents.
If you were denied citizenship, you can file for appeals and motions through the USCIS Administrative Appeals Office or Board of Immigration Appeals. Applicants submit a specific request for the board to re-review their findings. You will usually have only 30 days from the date of the decision. Should you have new facts or evidence that could possibly change the original decision of your case, allowing your appeals attorney to file a request known as a motion to reopen. You can expect to hear back from the USCIS between 90-180 days.
Receiving an order of deportation can feel disappointing as you prepare to start your new life in the U.S. While the decision can seem permanent, there is a chance for your immigration lawyer in Los Angeles to file an appeal to challenge the deportation order. Appealing a closed immigration case is done through the Board of Immigration Appeals (BIA). The appeals process is not done electronically. Once you have filled out Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, it must be mailed to their office. It can take two weeks for them to provide you with a confirmation that your appeal was received.
If you were ordered to leave the U.S. under Section 212 or Section 237, applying for cancellation of removal will make it possible for you to stay. Unfortunately, not everyone has this option. Permanent residents and green card holders can apply if they meet the following criteria:
- You were lawfully admitted with permanent residence for at least five years.
- You lived in the U.S. for the past seven years.
- You were not convicted of an aggravated felony.
Though if you do have several criminal convictions (non-aggravated felony), they may get waived when you submit a cancellation of removal application.
A Merits Hearing is the stage in a removal proceeding where the government and immigrant present their arguments for and against removal. This hearing plays a critical role in your ability to remain in the U.S. Since immigration law is extremely complex, there are likely numerous defenses that can be used on your behalf, so never assume nothing can be done for you and that deportation is inevitable. Refer to this article to learn more about what to expect.
Immigration issues are never easy to handle, especially on your own. There are so many legalities that go into it, which is why individuals who try to handle it on their own often face several obstacles along the way. When it comes to filing an appeal, it is in your best interest to consult with a lawyer for deportation appeals in LA, as he or she will be able to determine many factors that led up to the decision, as well as determine the best course of action.