NEED LEGAL ADVICE FOR AN IMMIGRATION APPEAL?
Fighting your case for immigration can be a difficult one, but it isn’t necessarily impossible to win if you have the right evidence and the right lawyer to fight for you. After they have dismissed a BIA appeal, you may want to file your appeal with the Court of Appeals. Still, you might find yourself wondering what immigrations appeals are: How long will this take? Timing matters because of how the pending asylum appeal will make you eligible for employment authorization.
No Clear Answer
How long this can take doesn’t have a clear answer because you have several factors that can either contribute to the length or shorten it. The client and the attorney only have control over a couple of these factors, which is why it can sometimes take longer. First, never let an attorney make a promise to you on how long it will take because no attorney can reasonably know this. If your deportation appeals attorney Los Angeles law firm does this, they are most likely lying to you. You want an immigration lawyer in Los Angeles who is honest and truth with you about your case.
Some of the factors that influence the amount of time that it takes include:
- Where did they file the appeal?
- When will they file the record?
- Will they argue the appeal in person?
- Is there dissent?
- Will either of the parties ask for a briefing extension?
Where Did They File the Appeal?
The venue that you filed the appeal can have a big impact on how long it takes. Any immigration appeals attorney Los Angeles law firm will tell you how not all Court of Appeals will be the same. While you have some courts that will process this much faster, some have taken more than three years. Meanwhile, you have other venues where it will take an average waiting time of between 12 to 20 months for the appeals process. In some places, it takes around seven months. It depends on where you go with how long it will take.
What causes this difference in the time? The different processing time gets affected by how many cases exist at that court of appeals. Some of the other things that can have an impact include:
- Institutional culture
- Judicial vacancies
- Internal operating procedures
When Will They File the Record?
Appealing a closed immigration case in Los Angeles, one of the things that can have an impact on this is when it gets filed. The Department of Justice can play a big role in this. For example, they have a responsibility to prepare the administrative record. Next, they will file it with the court system, and in some cases, the person will retire or resign, which can cause delays. You even have cases where a new person doesn’t get assigned to your case, which can cause you to slip through the cracks. Because the Department of Justice is a huge department, you have smaller things that occasionally get missed.
In other cases, they file the record, but they didn’t complete it. That can all mean that it takes time before they can correct it. You can’t file these briefs without some type of record. In general, you can expect that it will take around 40 days to file the record with the court system.
Will They Argue the Appeal in Person?
Will your immigration lawyer in Los Angeles argue the appeal in person? In the last phase of most circuit cases, the courts will have the immigration appeals attorney Los Angeles the law firm argue the case. First, the opening brief asks for an argument where your attorney will present the case. They will ask for an oral argument, and it will be written, and it will have to be good enough that it convinces the court system that your case is worthwhile.
In most cases, they schedule the court systems for an oral argument, and this happens over a specific period of time. Both parties will have to receive enough notice ahead of time for them to decide how to proceed with it. In some cases, this could be a long way away from where the deportation appeals attorney Los Angeles lives, which can be somewhat inconvenient, and this could cost even more money.
Is There Dissent?
You can’t predict if there will be dissent or not, unfortunately. Nevertheless, whether dissent exists or not can have an effect on the appeals process. The case must be heard at the argument level, and the panel of judges will discuss what they think about the case, and they will decide how to best proceed with it. In most cases, the judges conduct a vote on the panel to decide if they’re all in agreement. If all three judges are in agreement, one of them will write the decision, which can take anywhere from two to four months. In some cases, however, it can take up to a year. If dissent exists, there will be some back and forth before they come to a decision.
Will Either of the Parties Ask for a Briefing Extension?
Once they have filed a brief, the party that chooses to appeal will have 40 days to file. While most courts will allow for an extension of a month, they don’t allow for more than that. In some cases, you file for an extension because you don’t want a rushed or sloppy briefing because it can hurt the merit of the case. You want to do it as well as possible.
At the end of the day, you will get a decision from the Court of Appeals, but you can’t necessarily predict when that will happen. Don’t let a lawyer tell you otherwise. Appealing a closed immigration case in Los Angeles takes time, and you can’t always get a straight answer on it. You can’t tell when it will happen. No attorney can give you a promise of an exact time.