Appealing your immigration case

Have you lost your immigration case?  Removal proceedings are a stressful time for you and your family. You have put everything into your case — money, time, emotion. And after years of fighting in immigration court, it can be difficult hear an immigration judge deny your case right in front in you, just minutes after hearing your testimony. 

But do not just assume that you have no options. Your fight to the stay in the country is a marathon, not a sprint. 

You should consider filing an appeal with the Board of Immigration Appeals, or with a federal court of appeals. 

Why Appeal?

Judges make mistakes, and that is especially true in our immigration system, where both immigration judges and the Board of Immigration Appeals are being asked to decide thousands of cases each year with inadequate resources and under difficult time constraints.

Appealing your case is an important way to assert your rights.

  • Did the judge overlook important evidence or testimony?
  • Did the judge deny your request for a continuance or otherwise prevent you from presenting your case?
  • Did the judge make a mistake with the law?

These errors are all too common, so it is important that you stay focused on your goals and file an appeal within 30 days of losing your case.  

What happens while your case is being appealed?

One of the benefits of filing an appeal is that, in many cases, you will be allowed to remain in the United States with your family and continue working. The appeals process can take years, and that can be a critical time for you and your family to save money and plan for the future.

Also, in many instances, new options for remaining in the United States may become available just through the sheer passage of time. So even if you are not sure you will win your appeal, it is still worth trying.   

What should you look for in an immigration appeals attorney?

Appeals are a highly specialized type of litigation, and that is true even in immigration, which is already a specialized area of the law. If you are looking to hire an attorney to help you with your appeal, strong writing skills are a must, and your attorney must be familiar with federal court practice and procedure.  

Does it matter where your attorney lives?

A good immigration appeals attorney may practice from anywhere, and can help people all over the country. 

Immigration appeals are handled almost entirely by paper and are filed either by mail or online. What is more, when your case is on appeal, the time for collecting evidence is over, and you no longer need to meet with your attorney on a regular basis to brainstorm about your eligibility for relief. The record is now closed, and you just need an attorney who can read the evidence, examine the judge’s decision, and argue points of law.

So, it is critical that you find an attorney with experience in immigration appeals, no matter where that attorney may live.  

What I can do for you

I spent six years working with with U.S. Department of Justice, Office of Immigration Litigation, in Washington D.C.  In that time, I litigated hundreds of immigration appeals all over the country. I learned which arguments are likely to succeed and which are likely to fail, and I can examine your case on an individual basis to help you find the best appeals strategy. If you would like to benefit from my years handling appeals for the federal government, contact me today.

Call (480) 404-6334 or schedule your consultation online

Skype appointments are available