Immigration: Navigate The Three Levels Of Appeals
After the deportation order from the judge, you will have three options for an appeal. You can appeal to the Board of Immigration Appeals (BIA), the Federal Circuit, and the Supreme Court.
To learn about the three agencies of appeals, simply continue reading. It’s helpful to know the options you have if you see yourself in the United States in the foreseeable future.
The Three Levels Of Appeals
Deportation is not final. You may appeal to any of the three government bodies. It is possible to overturn your case based on the following’s decision.
The Board Of Immigration Appeals
Even if you’ve presented a solid case to the judge, there’s still the possibility of getting an unfavorable result. It’s important to always consider an appeal to the Board of Immigration Appeals or BIA. It’s a relatively simple process to file a request with the agency. Not only can you possibly get the decision overturned, but you will also get to extend your stay.
You must file an appeal with the BIA within 30 days of getting your deportation notice. During that period, you should talk to an immigration attorney. You should also lodge your appeal with the BIA as soon as possible. This gives them more time to examine your case.
Take note that you can’t present brand-new information or evidence to the BIA—it will simply work with the evidence that you showed. From that, the Board of Immigration Appeals will decide whether the presiding judge’s ruling followed the law. It may also find that the judge made an error in judgment. If the BIA rules in your favor, you will not be ordered to leave the country.
The Federal Circuit
Individuals may appeal to the Federal Circuit if they have evidence that the judge has a high rate of deportations. The Federal Circuit exists to keep judges in check.
It is made up of 13 distinct circuit courts. Each circuit court deals with appeals from different states. The court that handles your case will vary by state. When you file an appeal with the Federal Circuit, it will examine the judge’s decision. They may approve your request if they believe the judge wrongfully interpreted the law.
It often takes eight months for the Federal Circuit to come up with a decision. But again, appealing to the government body will extend your stay in the United States.
The Supreme Court
The Supreme Court is the highest level of court in the United States and has the power to overrule any lower court decisions, such as the immigration courts and the Federal Circuit. If you haven’t had any luck in the lower courts, you may send your appeal to the Supreme Court.
Doing so is ideal if you’re to be deported back to your home country, where you could face persecution. However, you should know that appeals made in the Supreme Court will most likely be denied. This is especially true if the lower courts made their decisions based on solid grounds.
Seek Legal Assitance From An Immigration Attorney
You want to make sure that you have a strong case for your appeal. You can work with an experienced immigration attorney from Lincoln-Goldfinch Law. A seasoned immigration lawyer will know the exact steps you need to take for appeals toward a favorable decision.
Summary
The U.S. immigration system gives you options to appeal your case. If the judge does not provide a favorable decision, you may take your case to the Board of Immigration Appeals. You may also forward it to the Federal Circuit if the BIA upholds the judge’s decision. In extraordinary circumstances, the Supreme Court may handle your appeal. An immigration attorney can help you file requests to ensure better chances at a favorable decision.
