Federal rules of appellate procedure, ninth circuit rules
A Long Beach deportation attorney can help you appeal your immigration case.
Many times, explains Brian D. Lerner, Long Beach deportation attorney,
You must fight a few battles to win the war.
In fact, that might actually be a majority of the time.
The Long Beach deportation attorney will then represent you and try to win your case. However, for a myriad of reasons, you might not win.
The Immigration Judge may deny the case based upon the facts of the case,
Or because the law does not permit her to rule in your favor.
The Long Beach deportation attorney will know that it is critical in the Immigration Court
To make the legal arguments and to preserve the record for appeal.
The Long Beach deportation attorney
He cannot ‘change’ or interpret the law.
Rather, explains Brian D. Lerner,
He must go on precedent and must look how courts above him essentially ordered
That he is to interpret or rule on that particular issue.
Once you would lose at the Immigration Court level,
then you would appeal to the Board of Immigration Appeals or the BIA.
Many cases from all over the United States
The Long Beach deportation attorney will argue points of law and other matters
The BIA, but also preserve the record
So that if you in fact have to go higher,
The Law Offices of Brian D. Lerner explains,
The Long Beach deportation attorney will let you know that finally after you would lose at the BIA
Would be the time to do what is know as a Petition,
For Review to the Ninth Circuit Court of Appeal.
It is absolutely critical that the Long Beach deportation attorney,
File the Notice of Petition for Review within those 30 days.
Attorney Brian D. Lerner, who has done and prepared many Petitions for Review
(not just in the Ninth Circuit, but in other Circuits as well),
Will let you know that procedurally,
Not only must you file the Petition for Review,
But you must usually file a Motion to Stay
There will be a three judge panel at the Ninth Circuit Court of Appeal.
The Long Beach deportation attorney will explain to you that when you do a Petition for Review,
It is no longer under the administrative hat of the Department of Homeland Security.
Rather, these are judicial officers (justices)
That have lifetime appointments from the President of the United States and confirmed by the U.S.
The U.S. Immigration will then assign form their Office of Immigration Litigation (OIL)
In Washington D.C.
An attorney to respond and oppose your Petition for Review.
Brian Lerner explains that there will be several motions and arguments and the opening brief,
The Long Beach deportation attorney
that once your case is up at the Ninth Circuit Court of Appeal that the Justices
may or may not want oral argument.
If they want oral argument, explains Brian D. Lerner,
For the Long Beach deportation attorney to go in front of the panel of Justices
and essentially answer their questions and to make arguments on those questions as to why you should win.
Brian D. Lerner explains that the Ninth Circuit Court of Appeal can either completely overrule the Board of Immigration Appeals,
or they can completely agree with the Ninth Circuit Court of Appeals,
or as a third alternative,
Of course, explains the Long Beach deportation attorney, you could also lose and get a published decision as well.
However, when doing a Petition for Review to the Ninth Circuit Court of Appeal,
You must have an expert Long Beach deportation attorney
That knows all of the immigration laws and how they interrelate to each other.
It is only that way, especially during oral argument that the Long Beach deportation attorney
Can both know how to answer the Justices and to make convincing arguments why they should rule in your favor.
Thus, inquire when you hire the Long Beach deportation attorney