CHALLENGING NEGATIVE DECISIONS IN AN IMMIGRATION CASE IN THE UNITED STATES

 

Introduction

Immigration law is tough, but receiving a not so good decision from an immigration judge can make everything worse. In case you receive an order that didn't go your way, well, you have a number of options to challenge it.

When the immigration case didn’t turn out well, it is natural to have questions of what next to do. The US immigration system is excessively complicated and often feels as though it’s set up to keep people out rather than let them in or help them to stay.

You are given a chance to challenge it and get court hearings. Honestly speaking, immigration appeals are hard to win; however, with a good immigration lawyer, you can try to fight for what you want.

This post gives a briefing on how one can challenge the verdict on immigration.

An overview on immigration decisions and appeals

Immigration decisions can range from an application for a visa being rejected, to orders deporting aliens from the United States. A set of different agencies and courts handles the entire apparatus of US immigration machinery. Thereby, the applicability and powers of different segments are predefined for appeals. Above all, at this place a distinction should be made between administrative and judicial process.

-          Administrative appeals.

This usually occur in the case of decisions by agencies like USCIS and immigration courts. Most appeals are within the executive branch.

-          Judicial appeals.

On the other hand, judicial appeals involves the courts and most times requires reviewing decisions by agencies or lower courts.

Possible immigration decisions that can be challenged

Not all immigration decisions can be challenged, but many of them can. Most decisions of USCIS or an immigration judge can be appealed. The following include:

-          Denials of visa petitions;

-          Orders of deportation or removal; and

-          The denial of asylum and withholding of removal.

More details on administrative appeals

Generally in administrative appeals, for whatever is usually appropriate according to your case, will require taking action by submitting first before an Administrative Appeals Office or a Board of Immigration Appeals (BIA).

The BIA is the highest administrative body charged with interpreting and applying the immigration laws, reviewing decisions rendered by immigration judges and certain decisions of USCIS.

Here is what you need to know about the BIA appeals process:

-          Timing is everything. You generally have 30 days from the date of a decision to file an appeal with the BIA.

-          The appeal must clearly state why you think the original decision was wrong.

-          The BIA considers the entire record but does not usually accept new evidence.

Not every case should be appealed just because an appeal is possible. That is why, at Gehi and Associates, we treat each case individually to determine the best course of action to take on behalf of our client.

Challenging immigration decisions at Federal Courts

Sometimes it is not enough to appeal to the administration. That is where the federal courts come in. If the BIA denies your appeal, you may be able to take your case to a US Circuit Court of Appeals. These courts can review some kinds of decisions by the BIA and occasionally reverse them.

Less frequently, immigration cases may further appeal to the Supreme Court. While this is a rare occurrence, Supreme Court decisions on immigration can greatly impact how laws are interpreted and implemented nationwide.

The process of judicial appeals

Federal court is a big deal, and not something you want to rush into. It is complicated and often very time-consuming, but sometimes it is worth taking the right case. Here is a simplified rundown of what you might expect:

-          Filing a petition for review: You will file a document explaining why you believe the BIA's decision was wrong.

-          Filing of legal briefs: Some of the services include preparation of legal briefs wherein your immigration lawyer will file lengthy briefs. This is in support of your arguments.

-          Oral presentation: Most times, your immigration lawyer may argue orally before the judges themselves.

Having an experienced immigration lawyer by your side in this process is of utmost importance. They will help you through difficult federal court procedures and make strong arguments on your behalf.

Things to consider before challenging an immigration decision

Immigration appeals really require a good understanding of the underlying legalese. Normally, in an appeal, you need to be able to argue why the prior decision was incorrect.

Of course, how appeals are conducted does change slightly between cases, but in essence, on questions of fact, the courts look to “substantial evidence,” and questions of law or legal decisions get reviewed using a much more rigorous standard of review: “de novo” review.

Keeping up to date with the latest cases is also crucial because they can affect how immigration appeals are conducted. That is also one of the reasons why an effective immigration law firm can make all the difference.

What to expect when appealing immigration decisions

Appeals are expensive and very time-consuming. From court fees, immigration lawyers' expenses, possibly even travel expenses, it all adds up very fast. While some appeals could be sorted out in a few months, other appeals can go on for years.

One big thing to consider is the possibility of staying deportation. In some cases, when an appeal is filed, one may be able to halt deportation while a case is under review. However, this must be requested specifically and is not automatically done.

Options other than judicial appeals

Not always is it worth appealing to court. Here are some alternatives to consider:

-          Motions to reopen or reconsider: Here, you ask that the original decision-maker reconsider your case because you have new evidence or arguments.

-          Waivers and other administrative fixes: Sometimes you may be eligible for a waiver that can cure your immigration problem without taking an appeal.

-          New applications: Sometimes, it just makes more sense to file a new application instead of trying to appeal a denial.

At Gehi and Associates, we always discuss with our clients all the available options and choose the best option to go forward.

Get help!

Our immigration lawyers at Gehi and Associates have many years of experience in immigration law. We have conducted cases before the BIA and federal courts, and we know how to build a strong appeal.

When you work with us, we will:

o   Review your case to identify the strongest bases for your appeal;

o   Handle complex paperwork and meet crucial deadlines;

o   Create an immigration appeal strategy specific to your case; and

o   Represent you before the BIA or a federal court.

After all, the result of your case will highly depend on the competence and skill of your immigration lawyer. Put differently, it is extremely important for you to have the possibility of hiring a good professional in the field of immigration appeal.

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