At end of your case, the immigration judge will issue a decision concluding whether you are deportable or inadmissible. At this time the judge will also decide on any requested relief you are trying to apply for in order to remain in the country. The order may be in a summary format, where the immigration judge uses a pre-existing form with boxes and fill-in-the blanks to show his or her decision on your case.
The decision of the immigration judge may be appealed by either party to the Board of Immigration Appeals (BIA).
There are 3 major forms of administrative review of adverse decisions of the immigration court when you are in removal proceedings:
- Appeals to the Board of Immigration Appeals;
- Motions to reopen; and
- Motions to reconsider.
Our law firm can ask the BIA to reopen or reconsider its own decisions through a motion to reopen or reconsider. If the BIA denies the case again then we can ask for review in a federal court.Eligibility
Was your case ignored or disregarded by the immigration judge?
Did your judge fail to give proper weight to the evidence or testimony from your witnesses?
Did the court rule on something that hurt you in an unjust manner?
Is there new information available on your case that you did not have access to earlier?
If you answered yes to any of these questions you may be eligible to appeal your immigration case!Procedure
Form EOIR-26, Notice of Appeal to the Board of Immigration Appeals, together with the filing fee or a request for fee waiver, must be filed directly with the BIA in Falls Church, Virginia, no later than 30 calendar days after the judge’s decision. The appeal must be received by the BIA before the 30-day deadline. If you wish for us to represent you on the appeal, we will need to file Form EOIR-27, Notice of Entry of Appearance before the Board of Immigration Appeals. There is an automatic stay of removal during the appeal to the BIA.Benefits
- Automatic stay of removal – you cannot be removed from the United States against your will until a decision has been reached on your appeal; and
- The ability to fight your case again.
Immigration appeals are complex and involve highly specific skills. Our law office knows how to meet tight deadlines and we have a great understanding of how the appellate procedures work.
You need and deserve a law firm and an attorney who will stand by your side through your immigration appeal and defend you to the end. We want to have the honor of representing you. Please contact The Law Office of Armand Jawanmardi for a consultation on what you can expect when appealing your case what we can do for you at (713) 999-9115. We are always available 24 hours a day, 7 days a week to answer your questions.