If your petition for residency is denied or revoked, you have the right to appeal that decision; or to seek reopening or reconsideration where appeal rights have not been received. The denial notice will provide information about whether the decision may be appealed and where to file your appeal. There are many reasons why your petition may have been denied, revoked, or rejected. The appellate process can be complex and requires an experienced immigration attorney to ascertain the reasons for the denial, likelihood of success at the next level, and the best legal and factual arguments for success. Whatever your situation, our experienced legal team can assist you through the appeals process.
Board of Immigration Appeals
The Board of Immigration Appeals (“BIA”), a component of the U.S. Department of Justice, issues appellate administrative decisions binding on the three immigration bureaus of the U.S. Department of Homeland Security (“DHS”). Decisions of the BIA are binding on DHS officers and immigration judges unless modified or overruled by the Attorney General or a federal court. They are also subject to judicial review in the federal courts.
You have the right to appeal a decision of the U.S. Immigration Court to the BIA within a specific period of time. The appellate process is extensive and requires proficiency in the procedure and application of the law. Failure to timely and correctly prosecute your appeal can negatively impact your case and result in your removal from the United States. You should consult with an experienced immigration attorney before pursuing your appeal.
Federal Court Appeals
Under certain circumstances, an immigration case can be heard by the U.S. District Court and the U.S. Circuit Court of Appeals. For example, if the U.S. Citizenship and Immigration Services unreasonably delays making a decision in your case, you may file a writ of mandamus in the U.S. District Court to force the immigration authorities to render a decision in your case. A writ of habeas corpus may also be filed in the U.S. District Court to review the legality of an individual’s arrest, imprisonment, or detention.
If the BIA affirms an immigration judge’s decision, you may petition the U.S. Circuit Court of Appeals for review of the BIA’s adverse decision. There are restrictions on the types of decisions reviewed by the appellate court. Therefore, it is important to seek out the advice of an experienced immigration attorney before filing a petition for review.
The appellate process can be prolonged, complicated, and expensive. Before you decide whether to pursue your appeal rights, you should contact an experienced immigration attorney. Without the help of a legal professional, the process of appealing your case may be unsuccessful. Our experienced team handles appeals to the Board of Immigration Appeals, the U.S. Federal District Courts, and U.S. Circuit Courts of Appeals, nationwide; and is well-suited to prosecute your appeal.
To schedule a confidential consultation, please contact us at (305) 373-5385 via e-mail. We are available for in-person, telephonic, or video consultations.
