What to do when you lost your case before an immigration judge
Appeal Your Deportation Case to the Board of Immigration Appeals
What to do when you lost your case before an immigration judge
I lost my deportation case. Can I appeal?
If you lost your deportation case in front of an immigration judge and at the end of the hearing at which you lost you indicated to the judge that you wished to reserve your right to appeal your case, you have the right to appeal the decision within 30 days of the date of the decision.
What’s the process for appealing my deportation case?
The process for appealing is as follows: First, within 30 days of the immigration judge’s order, the individual must file Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge. The fee to file the appeal typically is $110.00 payable to the “US Department of Justice”. After the appeal is properly fee’d in and accepted, the individual appealing will receive an appeal receipt. Then, a “briefing” schedule will be issued in which the individual appealing will receive a copy of the decision from the immigration judge and a copy of the hearings transcribed. The individual appealing will have 21 days to furnish the Board of Immigration Appeals a written argument in favor of their position. A briefing extension may be obtained through written request through which an additional 21 days will be provided to complete the written arguments. How quickly the individual receives the respective briefing schedule will depend on whether the individual is detained or non-detained.
FREQUENTLY ASKED QUESTIONS ABOUT IMMIGRATION APPEALS
How long does an appeal to the Board of Immigration Appeals take?
How quickly the appeal is decided depends on many factors; e.g., whether the alien is detained or non-detained. A detained appeal typically takes 5-7 months to be resolved after the immigration judge’s order. Non-detained appeals are harder to predict; some may take around a year, others upwards of 2-3 years.
Do I have to go to court again?
It depends. Should the case be remanded back to the immigration judge, then you would have to go to court again. Other times the applicant is able to win his or her case at the Board of Immigration Appeals without having to go back to court.
Do I need a lawyer to appeal my case?
Appeals are complicated and detail oriented. While certainly there are individuals who are successful appealing an immigration case pro se, without a lawyer, we strongly recommend obtaining a lawyer to litigate your appeal.
What are my chances of winning an appeal?
It all depends on the underlying facts and legal issues of the case. Contact us for a consult to more definitively determine your chances of winning on appeal.
What happens if I win my appeal?
If you win your appeal your case would either be sent back to the immigration judge for further proceedings or the Board of Immigration Appeals would grant your application for relief from deportation.
How can you help? Have you won any appeals?
Our firm can help by drafting the appropriate appeal forms timely and by drafting the appropriate written arguments in the form of written appeal briefs.
The firm has won many appeals regarding many different legal and procedural issues. Please contact us directly to discuss your case should you want to appeal a negative decision by the immigration judge.
