Lancaster County Immigration Appeal Lawyers

Has an immigration judge denied your application for asylum protection, or your request for cancellation of removal or other immigration relief? The U.S. immigration court system allows for timely appeals of lower court decisions, first to the Board of Immigration Appeals (BIA) and then to the U.S. Federal Courts. Our immigration appeal lawyers have experience writing appeals to both of these judicial bodies, crafting effective, precise legal arguments reflecting the facts of each client’s case and the elements of current immigration law.

Immigration Appeal Lawyers | Here for Clients in Pennsylvania

We understand how disconcerting it is to be handed down an unfavorable decision on any immigration matter. That said, an initial decision isn’t always the end of the road, and our seasoned Lancaster immigration lawyers are here to guide you through each step of the appeals process ahead.

What Immigration Issues Are Appealable?

A wide range of immigration rulings can be appealed. Some of those are as follows:

1. Denial of Asylum: If you have been refused asylum, you can appeal this decision, arguing for the necessity of protection based on your circumstances.
2. Rejection of Adjustment of Status: Applications for legal permanent residency or changes in immigration status that have been denied are appealable matters.
3. Cancellation of Removal Orders: If you have received a removal order, you have the right to appeal the decision, especially if there are changes in your situation or new evidence.
4. Visa Application Denials: Decisions on visa applications, including family-based or employment-based visas that have been denied, can be appealed.
5. Deferred Action Cases: Denials of Deferred Action for Childhood Arrivals (DACA) and other humanitarian reliefs can be contested through the appeals process.
6. Decisions on Waivers: If a request for a waiver of inadmissibility or deportation has been denied, this decision may be appealed.
7. Bonds and Detentions: Decisions regarding detention or the denial of release on bond can be challenged through an appeal.

The Board of Immigration Appeals

To appeal an immigration decision, you’ll need to take the following steps with the Board of Immigration Appeals:

1. Notice of Appeal: The first step is to file a Notice of Appeal with the Board of Immigration Appeals (BIA) within 30 days of receiving the immigration judge’s decision.
2. Filing Briefs: After filing the notice, you will need to submit a brief that outlines your arguments and evidence against the immigration judge’s decision. The BIA provides a timeframe within which the brief must be submitted.
3. Review Process: The BIA reviews the appeal based on the administrative record, including transcripts and evidence from the original hearing. Oral arguments are rare and granted at the discretion of the Board.
4. Decision: The BIA can either dismiss the appeal, remand the case back to the immigration judge with instructions, or reverse the judge’s decision. This process can take several months to over a year.
5. Further Appeal: If the BIA’s decision is unfavorable, you have the option to appeal to the federal courts.

Appealing in Federal Court

Should the BIA’s decision be adverse, the next step is to file a Petition for Review with the appropriate U.S. Circuit Court of Appeals, which must be done within 30 days of the BIA’s decision. From here, you’ll take the following steps:

1. Legal Briefs: Similar to the BIA process, you will need to submit detailed legal briefs to the court. These briefs argue why the BIA’s decision was incorrect based on legal and factual grounds.
2. Oral Argument: The federal appellate court may schedule an oral argument where both sides can present their cases. However, not all cases are selected for oral argument.
3. Court Decision: The court can either deny the petition, thus upholding the BIA’s decision, or remand the case to the BIA for further review with specific instructions. In rare cases, the court can directly reverse the BIA’s decision.
4. Supreme Court: In some instances, if the case involves significant legal principles, you may seek to have your case heard by the U.S. Supreme Court through a writ of certiorari. However, the Supreme Court accepts a very limited number of cases.

Contact Our Pennsylvania Immigration Appeal Lawyers Today

Appeals must be filed within a certain period of the final decision in your case, so contact our dedicated Lancaster County immigration appeal lawyers today for a free consultation to discuss your options. While we cannot guarantee any particular outcome, we will commit to zealous advocacy for you at every judicial level.