Immigration Appeals Lawyer in Pasadena

How an Immigration Appeals Attorney Pasadena Can File an Appeal For You

What is the Board of Immigration Appeals (BIA)?

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.

Immigration Appeal Process

The appeal process is very complex and can be quite overwhelming, which is why it is best to consult with an immigration lawyer. By having an attorney 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. 

Do I Need a Lawyer For an Immigration Appeal?

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 an immigration attorney, 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. Therefore, the necessity of an immigration lawyer is very important to your case, as we are experienced and understand the process.

Green Card Denial

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 an 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. 

Is an Immigration Judge’s Decision Final?

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 lawyer and explain what happened so we can determine your next options. 

How Many Times Can You Appeal an Asylum Denial?

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.

Bring a Motion To Reopen an Immigration Case

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 well-versed in bringing a motion to reopen an immigration case. You can trust that our team has your best interest in mind. 

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