How Long Does A Federal Circuit Appeal Take?
If staying in the United States is your priority, getting a deportation order will threaten that. Fortunately, you can file an appeal after an initial denial. If you have already submitted a deportation appeal to the Board of Immigration Appeals (BIA), it’s worth considering filing to the Federal Circuit Court of Appeals.
If you’re curious about how long this type of appeal will take, continue reading.
How Long Does An Appeal Take?
It’s important to consider that the Federal Circuit comprises 13 different circuits. The estimated time it should take the Federal Circuit to make a decision will depend on where you submit. The place where you file your petition will also depend on the state where your immigration hearing took place.
In general, a Federal Circuit appeal will take several months. In many cases, waiting for a resolution can take 8 to 12 months. The wait may also take beyond 12 months, depending on where you submitted your appeal. This is why it’s important to file immediately. An appeal extends your stay in the United States, even after a deportation order.
The Importance Of A Stay Of Removal
You may be worried about deportation while waiting for the Federal Circuit’s decision. For this reason, it’s vital to request a stay of removal. This way, you can remain in the United States until the Federal Circuit decides what to do with your case.
Keep in mind that your stay of removal may be rejected. You may face deportation, even before the Federal Circuit’s decision. Immigration officials may send you back to your country of origin.
Before Appealing To The Federal Circuit
You shouldn’t appeal immediately with the Federal Circuit after your merits hearing. You may choose to present new evidence to prove that the judge made a haphazard decision. If you don’t wish to give new proof, it’s better to submit your first appeal to the Board of Immigration Appeals or BIA. The BIA may approve or deny your request. If it’s the latter, then you should move on to the Federal Circuit.
It’s simpler to file an appeal with the BIA. In fact, if you confirm your desire to appeal the judge’s decision on the day of your merits hearing, you’ll automatically be granted a deportation extension.
If you’re curious about how long it takes the BIA to examine your case, then it would generally take 180 days. Filing with the Board of Immigration Appeals and then with the Federal Circuit may take you a total of two years.
In Case Your Request Fails
If your appeal to the Federal Court is unsuccessful, you may want to talk to your attorney about whether it’s worth appealing to the Supreme Court. While it’s still possible to file further, the Supreme Court only overturns those with extraordinary cases for the most part.
Seek Assistance From An Immigration Attorney
It helps to work with an immigration lawyer. They can assist you with your request to stay in the United States. An immigration attorney will also examine your case carefully before proceeding to the Federal Circuit Court of Appeals.
Lincoln-Goldfinch Law assists you with appeals. The firm helps forward your cases to the BIA and the Federal Circuit. With the help of an immigration attorney from the firm, you can put up a better fight to remain in the United States.
Summary
Generally, it will take the Federal Circuit 8 to 12 months to make a decision. During this time, you should request a stay of removal to prevent deportation while waiting for the verdict. However, it is important to remember that you should appeal with the BIA before moving on to the Federal Circuit. You may also forward your appeal to the Supreme Court if that fails. For help on Federal Circuit appeals, it’s best to work with an immigration attorney.
