If the Immigration Judge denies your case, it is important to understand that your case does not have to end there.
A person who believes that the Immigration Judge made an error in denying their case or ordering them deported has a right to challenge that decision at the Board of Immigration Appeals (BIA). The BIA is the highest administrative agency for matters dealing with immigration proceedings.
If you’ve received an unfavorable decision from an Immigration Judge, we can help. Contact us at (956) 923-3938.
Filing Your Notice of Appeal
Your Notice of Appeal must be received by the BIA within 30 days from the date of the Immigration Judge’s order. This means that it is not enough to simply mail it within 30 days – you must make sure that it arrives on time. If your appeal is not received within this time period, you will lose the opportunity to appeal and the Immigration Judge’s decision will be considered final. For this reason, it is essential to quickly contact a knowledgeable immigration appeals lawyer.
After You File Your Appeal
After the BIA receives your appeal, it will send you a receipt and a written transcript from the court. The BIA will also send you a briefing schedule, giving you a deadline by which to file your written arguments. The BIA will review your arguments, as well as the government’s arguments, and then review the case and issue a decision. This process can take months or even years, depending on your circumstances. Keep in mind that you may remain in the United States while your appeal is pending. However, if you leave the country, your appeal will be considered abandoned.
The Importance of an Immigration Appeals Attorney
The immigration appellate process can be complex and overwhelming. In many ways, having the right immigration attorney fighting for you can significantly impact the outcome of your case.
At Ayala & Acosta PLLC, our attorneys have more than 60 years of combined experience representing individuals before the Immigration Courts and the Board of Immigration Appeals. We can help you understand your best options for pursuing an appeal, even if we did not handle your case before the Immigration Judge.
In addition to Appeals, our firm can also provides representation in:
- Motions to Reopen or Reconsider
- Stay of Deportation before ICE