If you do not win your initial case before an immigration judge, do not worry as you will usually have two more chances to win your case. The first chance is with the Board of Immigration Appeals in Falls Church, Virginia. After the immigration judge issues an order removing you from the United States to your home country, this decision isn't "final," meaning that ICE will not be able to deport you back to your home country so long as you make sure to reserve the right to appeal the decision.
If you tell the immigration judge that you wish to appeal her decision, you will have 30 calendar days in which to file a Notice of Appeal with the Board of Immigration Appeals. You will need Form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) to file the appeal. Usually, these forms will be lying around the courtroom for you to pick up. Make absolutely certain that the Board of Immigration Appeals actually receives your appeal on or before the 30 day appeal period expires. While it is very difficult to reach the Board of Immigration Appeals directly by phone, you can always call the EOIR 1800 number at 1800-898-7180 to get an update on whether your appeal has been received by the Board of Immigration Appeals.
In the Notice of Appeal, you will be asked to check a box regarding whether you would like to file brief or simply ask the Board of Immigration Appeals to make a decision on the record without a brief. It is strongly recommended that you always choose to file a brief. Filing a brief gives you an opportunity to explain to the Board of Immigration Appeals why the immigration judge made a mistake in denying your case. The more persuasive your brief is, the better chance you will have of winning your appeal.
You will also have an opportunity request oral argument - meaning that if the Board of Immigration Appeals grants oral argument, you will have a chance to personally appear before the board members making a decision on your case in Falls Church Virginia, to see them in person and orally explain to the Board members why the immigration judge erred in denying your case. It's always more difficult for a Board Member to reject your appeal if they see a face instead of just a number on a sheet of paper.
Additionally, if you hired an attorney to represent you before the immigration court and are not happy with that attorney's services, you absolutely have the right to find another attorney to appeal the case for you.
From the day the Notice of Appeal is received, it usually takes about six months before the Board of Immigration Appeals makes a decision on your case. This means that if you are detained, you will likely have to remain in detention for an additional six months while your appeal is pending. While it is possible for the judge to grant you a bond or ICE to grant you parole while your appeal is pending, it is unlikely.
After you file your appeal, three things will happen. First, you will receive a letter from the Board of Immigration Appeals informing you that the appeal has been received and any filing fees have been paid. Within several months after that, you will receive a transcript of your case (the actual evidence that was filed will not be resent to you). When you spoke with the immigration judge about your case and gave testimony, every word you said was recorded. Once the appeal is filed, that recording is then transcribed into paper form, which you will receive after you appeal your case. Simultaneous with receiving the transcript, you will also be notified of the deadline for filing your brief. Once your brief is filed, there is nothing left to do but to wait for a decision on your case.
Once the Board renders a decision in your case, that decision is then deemed "final." This means that if you lost your appeal, ICE now has the ability to send you back to your home country. If you won your case, then this means that for those in ICE custody, ICE must release you (unless you were granted some minimal form of relief such as withholding of removal).
If you lost your appeal, usually you will have one final chance to have your case heard before a judge. Up until now, all of the judges that have made a decision are called administrative law judges or ALJs for short. At this point, you have not had a chance to bring your case before an Article III judge. An Article III judge is a Judge that has been appointed by the President of the United States. One of the purposes of an Article III judge is to provide a check upon an administrative law judge and hold them accountable in the event the ALJ abused its decision making power and erred in its decision.
Appeals to an Article III judge are filed with the United States Court of Appeals that has jurisdiction over your case. For cases in Louisiana, Mississippi and Texas, the federal court with jurisdiction is the United States Court of Appeals for the Fifth Circuit. An appeal must be filed within 30 calendar days of the decision made by the Board of Immigration Appeals and instead of filing a Notice of Appeal like you do with the Board of Immigration Appeals, you will file a Petition for Review. After filing the petition for review, you will be given a chance to brief your case with the appellate court.
Usually, once the court of appeals makes a decision in your case, your case is over. In extremely rare cases with significant constitutional ramifications, you will have a chance to have your case heard by the United States Supreme Court.
Board of Immigration Appeals attorneys at Liberty Law Group have filed countless appeals, not only with the Board of Immigration Appeals, but also with the United States Court of Appeals for the Fifth Circuit. If you are looking for an immigration attorney to appeal your immigration case for you, you have come to the right place. Give us a call today and allow us to provide you with a free consultation.
If you tell the immigration judge that you wish to appeal her decision, you will have 30 calendar days in which to file a Notice of Appeal with the Board of Immigration Appeals. You will need Form EOIR-26 (Notice of Appeal from a Decision of an Immigration Judge) to file the appeal. Usually, these forms will be lying around the courtroom for you to pick up. Make absolutely certain that the Board of Immigration Appeals actually receives your appeal on or before the 30 day appeal period expires. While it is very difficult to reach the Board of Immigration Appeals directly by phone, you can always call the EOIR 1800 number at 1800-898-7180 to get an update on whether your appeal has been received by the Board of Immigration Appeals.
In the Notice of Appeal, you will be asked to check a box regarding whether you would like to file brief or simply ask the Board of Immigration Appeals to make a decision on the record without a brief. It is strongly recommended that you always choose to file a brief. Filing a brief gives you an opportunity to explain to the Board of Immigration Appeals why the immigration judge made a mistake in denying your case. The more persuasive your brief is, the better chance you will have of winning your appeal.
You will also have an opportunity request oral argument - meaning that if the Board of Immigration Appeals grants oral argument, you will have a chance to personally appear before the board members making a decision on your case in Falls Church Virginia, to see them in person and orally explain to the Board members why the immigration judge erred in denying your case. It's always more difficult for a Board Member to reject your appeal if they see a face instead of just a number on a sheet of paper.
Additionally, if you hired an attorney to represent you before the immigration court and are not happy with that attorney's services, you absolutely have the right to find another attorney to appeal the case for you.
From the day the Notice of Appeal is received, it usually takes about six months before the Board of Immigration Appeals makes a decision on your case. This means that if you are detained, you will likely have to remain in detention for an additional six months while your appeal is pending. While it is possible for the judge to grant you a bond or ICE to grant you parole while your appeal is pending, it is unlikely.
After you file your appeal, three things will happen. First, you will receive a letter from the Board of Immigration Appeals informing you that the appeal has been received and any filing fees have been paid. Within several months after that, you will receive a transcript of your case (the actual evidence that was filed will not be resent to you). When you spoke with the immigration judge about your case and gave testimony, every word you said was recorded. Once the appeal is filed, that recording is then transcribed into paper form, which you will receive after you appeal your case. Simultaneous with receiving the transcript, you will also be notified of the deadline for filing your brief. Once your brief is filed, there is nothing left to do but to wait for a decision on your case.
Once the Board renders a decision in your case, that decision is then deemed "final." This means that if you lost your appeal, ICE now has the ability to send you back to your home country. If you won your case, then this means that for those in ICE custody, ICE must release you (unless you were granted some minimal form of relief such as withholding of removal).
If you lost your appeal, usually you will have one final chance to have your case heard before a judge. Up until now, all of the judges that have made a decision are called administrative law judges or ALJs for short. At this point, you have not had a chance to bring your case before an Article III judge. An Article III judge is a Judge that has been appointed by the President of the United States. One of the purposes of an Article III judge is to provide a check upon an administrative law judge and hold them accountable in the event the ALJ abused its decision making power and erred in its decision.
Appeals to an Article III judge are filed with the United States Court of Appeals that has jurisdiction over your case. For cases in Louisiana, Mississippi and Texas, the federal court with jurisdiction is the United States Court of Appeals for the Fifth Circuit. An appeal must be filed within 30 calendar days of the decision made by the Board of Immigration Appeals and instead of filing a Notice of Appeal like you do with the Board of Immigration Appeals, you will file a Petition for Review. After filing the petition for review, you will be given a chance to brief your case with the appellate court.
Usually, once the court of appeals makes a decision in your case, your case is over. In extremely rare cases with significant constitutional ramifications, you will have a chance to have your case heard by the United States Supreme Court.
Board of Immigration Appeals attorneys at Liberty Law Group have filed countless appeals, not only with the Board of Immigration Appeals, but also with the United States Court of Appeals for the Fifth Circuit. If you are looking for an immigration attorney to appeal your immigration case for you, you have come to the right place. Give us a call today and allow us to provide you with a free consultation.