If you lost your hearing in immigration court, you have the right to appeal your case. There are important procedural deadlines, so it is important to act fast and have an attorney skilled in immigration appeals.
Appeals from Immigration Court
You have thirty (30) days from a final Order of Removal to file a notice of appeal with the Board of Immigration Appeals (“BIA”). This appeal will “stay” the Order of Removal, meaning you will not be deported during the pendendcy of your appeal. Importantly, your appeal will be in the form of a brief, containing case law and legal argument challenging your denial. Hiring an experienced attorney is extremely recommended for any appeal.
Appeals from the BIA
If you are unsuccessful on your appeal to the BIA, you may file a Petition for Review in the U.S. Court of Appeals. This appeal will not automatically stay your removal. Your attorney must also be “admitted” to practice in the court where you file your appeal, and understand the electronic filing system in place in federal court.
Hire an attorney
The attorneys at Saenz & Maniatis, PLLC are experienced in handling cases in immigration court, as well as appeals before the Board of Immigration Appeals and the U.S. Court of Appeals for the Sixth Circuit (covering Tennessee, Kentucky, Michigan, and Ohio).
We have the resources to provide the proper research and legal argument for your case. Give us a call at our office and check out our page on Immigration and Naturalization Law.