Board of Immigration Appeals
Los Angeles Appeals Lawyer For Deportation Petitions. Deportation attorneys at our law firm prepare each and every kind of appeal regarding all types of petitions and applications under the Immigration and Nationality Act. Appeals can be made from the Immigration Court, the Bureau of Citizenship and Immigration Services, the Department of State, the Department of Labor and many more.
Appeals go to many different types of entities. Depending on where the original denial came from, appeals can go to the Board of Immigration Appeals, the Board of Alien Labor Certification Appeals, the Administrative Appeals Unit, various Federal District Courts, various Federal Appellate Circuit Courts and the United States Supreme Court.
“You have 30 days to file the Notice of Appeal to the Board of Immigration Appeals after the decision from the Immigration Judge or you will have a final order.”— Brian D. Lerner
Perfecting the BIA Appeal
- Get the Order from the Immigration Judge
At the conclusion of the Immigration Court hearing, you will receive an order from the Immigration Judge
- Preparing the Notice of Appeal
This is the document where you will file the Notice with the BIA prior to the 30 days and you will list the items you feel are the appealable issues.
- Await the Briefing Schedule
The BIA will confirm receipt and then send you the schedule of when the opening brief is due.
- Get the Opening Brief Prepared and Filed
Here is the main argument of the Appeal and what you are trying to get the Judges at the BIA to reverse from the Immigration Judges decision.
- The Immigration will respond with their Legal Brief
Review the legal brief from Immigration to determine validity of their arguments and how you can respond.
- File the Responsive Brief
Here you argue against what Immigration put in their brief and why you believe you should prevail. Normally, you have about 2 weeks to submit this brief after the opposition brief is filed.
Appeals are extremely time sensitive. This means that if the appeal is sent one day late, you will have probably lost all chances to ever appeal the decision. Our law firm offers deportation lawyers that can get the appeal out in an expedited timely manner to ensure that you are protected.
All Appeals from Immigration Court will be sent to the BIA in Virginia. The Judges there will then review and ask if you would like to have oral argument on the case or not.
Appealing to the Board of Immigration Appeals is not easy. It takes years of experience to do it properly and to make arguments that have a reasonable chance of winning. Make sure the Immigration Lawyer you hire has years of experience doing appeals at the BIA.
Many times in Immigration Court, the Immigration Attorney will make sure that the record is properly documented so that there is a better chance on appeal of winning.
“If you have properly filed the appeal, there will be an automatic stay of deportation during the pendency of the appeal.”— Brian D. Lerner