Can I Appeal if I Lose My Immigration Case?

When you are facing deportation for any reason, you must appear at a series of hearings before an immigration judge. However, if the judge decides after your hearings that you should be deported from the U.S., your case is not over. You still have the right to appeal the judge’s decision before you face physical removal from the country. In fact, you have basically three options, a motion to reopen, a motion to reconsider or an appeal. First, you can file a motion to reopen with the immigration court. You typically must file this motion within 90 days of the immigration judge’s decision, although there are some exceptions to this rule. This motion is most commonly used when you want to present new facts that are relevant to your case, and that were not available at the time of your hearings. Next, you can file a motion to reconsider with the immigration court. This motion usually is filed within 30 days of the immigration judge’s decision, but there are exceptions to this rule, as well. You typically file a motion to reconsider when you believe that the immigration judge has incorrectly interpreted the law that applies to your case. You also can file a direct appeal of the immigration judge’s decision with the Board of Immigration Appeals (BIA), as long as you do so within 30 days of the decision. The BIA is a group of people that review the decisions of immigration courts. There is no set timeframe in which the BIA has to review your case, but you typically will receive a response from the BIA within 180 days of filing your appeal. While the BIA is reviewing your case, the immigration judge’s deportation order may be “stayed,” or put on temporary hold, which allows you to remain in the U.S. until receiving a decision from the BIA. Finally, there are ways that you can appeal a deportation decision through the federal appellate court system. These types of appeals are very complex and involve following complicated court procedures, so they are best left to qualified California immigration attorneys who handle these appeals on a regular basis. Even if you initially lose your immigration case, you may be more successful on appeal. The Oakland deportation defense attorneys of Landerholm Immigration, A.P.C. Take the first step today toward your securing the future of your family in the United States, and call our office at (510) 756-4468 to set up a free evaluation with one of our highly skilled California immigration lawyers.