Appeals from the Board of Immigration Appeals (BIA)
If you’ve lost your appeal before the Board of Immigration Appeals, what is your next step? The Board of Immigration Appeals hears appeals relating to USCIS’s determination to deport an individual, to grant them citizenship, to refuse them green cards, and many other important actions. The Board of Immigration Appeals largely defers to those lower courts in its rulings and is not the final appeal.
If you’ve lost in front of the Board of Immigration Appeals, you have a right to appeal to the Circuit Court of Appeals for the federal circuit you are in. You must do so in a timely manner. It’s urgent that you speak with an immigration appeals attorney as soon as possible if you’ve lost in front of the Board of Immigration Appeals.
Below are a few things an immigration appellate attorney will ask if you are interested in bringing an appeal.
What Issues of Law were Raised in your Appeal before the BIA?
The Federal Court of Appeals will generally limit its review to the legal issues that were decided incorrectly below. In other words, legal issues had to be “preserved” before the Board of Immigration Appeals by proper presentation. This means that if you argued that your particular status is already recognized in one way under the law and is not being treated that way, the court is much more interested in hearing those appeals.
Your immigration appeals attorney will want to review the filings below and any transcripts to determine what issues have been preserved. You should also carefully review the Board of Immigration Appeals decision with your appellate attorney to talk about the options to pursue on appeal and which issues and arguments to home in on.
What Facts were not Properly Weighed by the Board of Immigration Appeals?
The Court will look at the record as a whole. This means that the Court of Appeals can consider all the facts and the weight given to them by the immigration courts. It’s important that the immigration attorney fully develop your record below. Nonetheless, with the fully developed record in front of you, you should work with your appellate attorney on ways to bring the favorable facts to light in front of the Court of Appeals and discuss how to deal with “negative” facts before the Court.
What Remedies are Available at the Federal Court of Appeals?
The Federal Court of Appeals can make any change to the order that the Board of Immigration Appeals rendered. This includes changing the decision entirely, granting you the release you sought, or reversing the decision below and “remanding” the case back to the Board of Immigration Appeals to reconsider. In other instances, the Court of Appeals can send it all the way back to the initial tribunal that made the decision, with instructions on how to proceed differently in this case, to reweigh facts, or to allow other evidence that wasn’t considered.
Conclusion: Contact an Appellate Attorney Today
If you’ve lost before the Board of Immigration Appeals, it is urgent you talk to an attorney right away about your options and how to appeal. At Cornerstone Law Firm our lawyers can help you with these appeals, but it is vital that you reach out right away. The more time we have to work on an appeal the better we are able to help you. If you have questions, contact our office for a consultation today.