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 normal progression of events is that you get put into removal or deportation proceedings. 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 will be able to explain to you that many times if there is a constitutional problem with your case, or if there is a problem statutorily with the regulations or other laws, that the hands of the Immigration Judge are bound. 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. In fact, many cases from all over the United States will be appealed to the BIA which is in Virginia. The Long Beach deportation attorney will argue points of law and other matters at the BIA, but also preserve the record so that if you in fact have to go higher, it has been properly done. The Law Offices of Brian D. Lerner explains that it is quite complicated and takes years of experience to properly do an appeal to the BIA. In fact, there are many arguments that can be written and argued to try to win your case. However, as with other arguments that are made in Immigration Court, the Long Beach deportation attorney may realize that the BIA is just a stepping stone to get to the only real appeal that will be able to get a favorable result. 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.
This is not technically an ‘appeal’, but is known as a Petition for Review. This is done within 30 days of when the BIA would have denied the case. It is absolutely critical that the Long Beach deportation attorney file the Notice of Petition for Review within those 30 days. If not, it will be untimely and will not be able to be accepted. 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 the deportation and a Motion to extend the Voluntary Departure (if you were granted Voluntary Departure.) 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. Senate. 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, opposition brief and reply brief which will be submitted to all three Justices on the panel.
Keep in mind, explains 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, there will be about 10 minutes allowed 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. The Long Beach deportation attorney would let you know that all of the Justices will have read all of the legal briefs and reviewed everything prior to the Long Beach deportation attorney walking into the Courtroom. It is only for the purpose of clarifying or arguing the position of the Long Beach deportation attorney as to why you should prevail or 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, the Ninth Circuit Court of Appeals can remand the case back down to the Board of Immigration Appeals in order to rule on any number of specific issues. In any case, even if you win, the Ninth Circuit Court of Appeals as presented by the Long Beach deportation attorney might publish the decision so as to become precedent for other similar cases in the future. 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 as to whether he or she has experience doing Petitions for Review.