21 May 5 Keys to Success: Appealing to the Board of Immigration Appeals
Getting denied after going through the process of requesting a motion to reopen or reconsider can feel disheartening. When an immigration judge hands you an unfavorable decision, you can try to appeal through the Board of Immigration Appeals (BIA). The BIA is the highest administrative committee in the U.S. for interpreting and applying immigration laws. An immigration lawyer in Los Angeles can file an appeal on your behalf, to relieve some of the stress and uncertainty. While adhering to deadlines is the most vital part of the process, there are a few things you should know if you expect successful results.
Consult with an Appeals Attorney in LA
At Grey Immigration, we are familiar with the issues you are dealing with. Awaiting the judge’s decision on your immigration status can be nerve-wracking, but we are here to provide legal insight and advice as needed. To ensure that your appeal has the best chance at success, getting legal assistance will make a difference. When your motion gets denied, there are set requirements and deadlines you are expected to know and follow. Missing deadlines or making minor mistakes can hurt your chances of remaining in the U.S.
Take Notes on the Judge’s Decision
When the immigration judge makes an initial decision or offers an opinion regarding your petition start taking notes. Pay close attention to what needs to be included in your appeal. Your attorney will work with you to correct any mistake(s) that your judge made before you proceed as well.
“Reserve” the Right to Appeal
After an immigration judge presents their decision, they will ask you if you would like to reserve the right to appeal. At that moment you should accept their request, but mention that should the opportunity be presented that you’d like to take it. Once you have reserved this right, retrieve contact information from the government’s lawyer, as you will need it to mail documents.
Don’t Miss Out on Any Deadlines
Once you and your legal counsel have established the Federal Circuit Court of Appeals where you will submit your appeal, make sure the Notice of Appeal is received by the BIA on time. It is expected 30 days after the judge relayed their decision. If you mail the appeal, make sure that it arrives by the 30th day. We recommend keeping a paper trail of the mailings that you receive.
File a Motion to Stay Removal
Lastly, file a “motion to stay removal” to prevent deportation while your appeal is pending. Although this is automatic on original appeals to the BIA, it is not when filing a Petition for Review at a circuit court. An attorney can help you write a motion to request a “stay removal.” This prevents you from getting deported to your native country while an appeal is pending.
Given the uncertainty of immigration appeals, have an attorney for immigration appeals on your side to protect and defend your rights in court.