Appeals

Immigration Appeals are complex and specialized. If you first lose a case before the local immigration court, you may appeal that decision to the Board of Immigration Appeals (the BIA) which sits in Falls Church, Virginia.

The appeal process consists of first submitting a notice of appeal, and second to submit an appeal brief. These documents are incredibly important for the outcome of your appeal and it is critical to think them both through carefully and thoroughly.

After the BIA makes a decision on the briefings, they may one of various types of decisions. For example, they might (1) dismiss your appeal saying that you lose, (2) grant your appeal and remand to the immigration court, (3) grant your appeal and grant your underlying application for relief, or (4) deny your appeal with a full decision and panel evaluation.

If you lose on appeal to the BIA, you may file a Petition for Review before the United States Court of Appeals for your federal judicial circuit. At the Landerholm Immigration, A.P.C., we file Petitions for Review exclusively within the Ninth Circuit which encompasses the states of California, Washington, Oregon, Arizona, Alaska, Montana, Hawaii, Nevada and Idaho.

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