Can I Appeal a Decision of the Immigration Court?

Can I Appeal a Decision of the Immigration Court?

If you are charged with deportation and file a claim for asylum, adjustment of status, or another form of relief, an immigration judge may hear your case and make a determination on that claim. But what happens if the judge denies your claim? Is there any further step you can take to appeal that decision? Fortunately, in most cases, you can file an appeal to have your case reviewed by the Board of Immigration Appeals (the Board). The Board is an administrative body that is part of the Executive Office for Immigration Review (EOIR). It can consist of up to 15 Board members, although it is common for a panel of three members to review appeals. In order to process your appeal, you must file a Notice of Appeal so that the Board receives the Notice within 30 days of the immigration judge’s oral decision, or within 30 days of the immigration judge’s written decision, if the judge made no oral decision. In order to appeal, you must completely fill out Form EOIR-26 and submit it, along with a $110 check made payable to the U.S. Department of Justice. If you cannot afford to pay the fee, you can also request a waiver of the fee by filling out and submitting a Fee Waiver Request, or Form EOIR 26-A. In most cases, the Board’s decision is the final administrative action in a removal proceeding. However, you can further appeal some Board decisions to the relevant U.S. Court of Appeals. One exception to your ability to appeal the immigration judge’s decision may occur when you leave the United States prior to filing an appeal of the decision. In this situation, you may waive your right to appeal the judge’s decision. It is no surprise that some claims for relief from deportation may fail when considered by the immigration court. However, pursuing an appeal of an immigration judge’s ruling is another way that you may be able to gain relief from deportation. We are here to help defend you against deportation from the United States, no matter what type of relief from deportation best suits your individual situation. Contact your immigration law attorneys at Landerholm Immigration, A.P.C., today, at (510) 756-4468. We will schedule a consultation for you to meet with one of our skilled and experienced deportation defense lawyers as quickly as possible. Do not delay in contacting us, so that we can begin helping you!
Categories:

Contact Us Today!

Schedule a FREE Case Evaluation
    • Please enter your first name.
    • Please enter your last name.
    • Please enter your email address.
      This isn't a valid email address.
    • This isn't a valid phone number.
    • Please make a selection.
    • Please enter a message.