Appealing an Immigration Court Decision

Steps to Take After Receiving an Immigration Removal Order

Foreign nationals who violate their visa, commit a crime, or fail to provide the proper travel documentation are subject to deportation. In 2019, ICE removed more than 267,000 foreign nationals from the United States, and deportation guidelines have gotten much more broad over

the past four years, leading to an increase in those removed from the country.

These deportations can happen to any illegal alien, whether or not they have been a hardworking and law-abiding member of society. A green card denial appeal lawyer Los Angeles can tell you that ICE is not selective when it comes to removal proceedings.

The idea of deportation is an immigrant’s worst nightmare since they often do not have the same size social circles in their home country as they do in the U.S., where they have taken up residence for what is usually several years, if not decades. However, if you are facing deportation, you can find hope in an immigration appeals attorney Los Angeles, who can help you appeal this decision. 

Alami Law is a deportation appeals attorney Los Angeles immigrants trust to guide them down the path of legal residency. While receiving an immigration removal order may seem like the end of your time in the U.S., Alami Law can help you gather the paperwork necessary to appeal this decision. 

Where to File Your Appeal

Appealing a closed immigration case in Los Angeles is done through the Board of Immigration Appeals (BIA). The BIA is located in Virginia, and all parts of the appeals process are done on paper, which must be mailed to their office below: 

  • Board of Immigration Appeals Clerk’s Office 
  • 5107 Leesburg Pike, Suite 2000 
  • Falls Church, VA 22041

Since failure to follow the BIA’s strict rules about filing and preparing an appeal may result in your appeal being dismissed, it’s crucial to your case to consult an immigration appeals attorney in Los Angeles.

Paperwork, Fees, and Deadlines for Filing an Appeal

Part of what makes hiring an immigration lawyer in Los Angeles helpful is that your immigration attorney will be aware of all the deadlines, fees, and necessary documents that go into contacting immigration courts. 

Deadlines

First, you must file a Notice of Appeal with the BIA within a certain period of time. The notice must be received at the BIA office within 30 days of the judge’s decision, and even if your appeal is postmarked by the 30th day and arrives after that, it will be thrown out. It’s important to mail your letter with plenty of time to arrive to ensure its validity. 

Paperwork

The document that you must mail to the BIA is called Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. Your immigration lawyer in Los Angeles should also submit Form EOIR-27, Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeal. This lets the courts know that you are represented by a legal professional. 

On the form EOIR-26, you can state the reason for your appeal, which should be a detailed overview of all the legal claims you want to make. On this Notice of Appeal, you can also tell the courts if you are going to file a brief. 

Submitting a brief after filing for your appeal will show the appeals court that you are taking your deportation appeal seriously. You normally have 30 days to file your opening brief after your Notice of Appeal has been received. A brief is where your immigration attorney can lay out the arguments in your favor, citing laws that support you. The brief is a crucial part of your appeal, so it’s important to put your trust in an experienced Los Angeles immigration lawyer.

Fees

As of 2019, the fee to file an appeal is $110. This can be in the form of a check or money order made out to "United States Department of Justice." You should attach this payment to your Notice of Appeal that you mail to the BIA. This payment cannot be cash. 

If you cannot afford to pay this filing fee, then you can request a fee waiver, using Form EOIR-26A.

What to Expect After Filing Your Appeal

Even though ICE is trying to deport you, you have the right to stay in the country while you are awaiting a response to your appeal. It’s important to know that you cannot leave the country under any circumstances, as leaving the U.S. before the BIA has made a decision will result in your appeal being denied.

After filing the Notice of Appeal, you should receive a letter from the BIA letting you know that they have received your appeal. If you do not receive this letter in two weeks, then you should contact them for information on your appeal.

Since this process is very delicate, it’s important to have a deportation appeals attorney on your side. Schedule a meeting with the offices of Alami Law today to go over your appeals process.

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