Immigration court appeals, Los angeles immigration attorney
A Long Beach deportation lawyer can help you if you lose at the Immigration Court.
In fact, many people do lose at the Immigration Court, but the U.S. Immigration Laws allows you to appeal the case to the Board of Immigration Appeals of more commonly known as the BIA.
Brian D. Lerner, Long Beach Deportation Lawyer who has been doing appeals for nearly 20 years, explains that it is always best to have an experienced attorney represent you in Immigration Court so that he can make the arguments and prepare the record for the matter to go up on appeal to the Board of Immigration Appeals.
All initial appeals from the Immigration Court will be appealed to the Board of Immigration Appeals in Virginia.
The Long Beach deportation lawyer states that the attorney can choose to appear personally in front of the Board of Immigration Appeals for oral argument if he so chooses.
Sometimes. explains Brian D. Lerner, that might make the difference in the case when the Long Beach deportation lawyer is actually arguing personally in front of the Members of the BIA and answering their questions directly.
In the past, there was some time, when the Attorney General of the United States put an realistic and incredibly short time for the BIA to answer appeals.
The Long Beach deportation lawyer explains that during these few years, the BIA essentially just rubber stamped the appeals and really was just a ‘stepping stone’ to get to the Ninth Circuit Court of Appeals.
However, that has thankfully changed explains the Long Beach deportation lawyer to get thought out and detailed decisions from the BIA.
Thus, Brian D. Lerner confirms that the BIA is now a real appellate agency that does take the necessary time to adjudicate, think about and rule on the particular decision.
In reality, the Long Beach deportation lawyer explains that many times the appeal to the BIA might not be very strong.
However, the United States is a country where people will do almost anything to stay here in the U.S. Thus, when the Long Beach deportation lawyer appeals the matter to the BIA, the chances of success might be relatively low.
However, there are two major benefits to the appeal, if the arguments are sufficiently detailed. Brian D. Lerner, Long Beach deportation lawyer states that first there is an automatic stay of deportation during the pendency of the appeal.
This means that U.S. Immigration cannot deport you while the case is up on appeal at the BIA. Next, you can remain in the U.S. and hope that either the law changes or some other facts change during the appeal to either give you a better chance of success at getting the BIA to rule on your case, or to do some type of motion to reopen later on in the immigration case.
The Long Beach deportation lawyer gives an example.
Let’s say that 15 years ago, your U.S. sibling filed an family petition for you.
Unfortunately, when you were put into deportation proceedings, explains the Long Beach deportation lawyer, the priority date was still 6 years away.
However, let’s say that the Immigration Court took 2-3 years and again the appeal to the Board of Immigration appeals takes another 1-2 years.
Brian Lerner explains that by time all of that is over, the visa number might almost be current.
That would be a reason, explains the Long Beach deportation lawyer, to prepare a motion to the BIA to remand the case down to the Immigration Court for adjustment proceedings and/or to make a Motion to Reopen to the Immigration Court for adjustment of status proceedings.
In either case, a proper and detailed appeal prepared by the Long Beach deportation lawyer would have been sent to the BIA for the purpose of trying to win, but with a more important purpose of giving time for the visa number to become current so that another avenue of relief could be achieved.
The Law Offices of Brian D. Lerner states that in some cases there is simply no future relief at the present time.
However, it is possible that Congress will come out with new and beneficial laws for the immigrant, or there will be some other change in the law.
In other words, the delay at the BIA may provide the time for the immigrant to get the relief necessary.
In any event, the Long Beach deportation lawyer must properly prepare the appeal to the BIA. Note that there is an absolute 30 day time deadline after the decision by the Immigration Judge in order to properly submit the Notice of Appeal to the BIA.
It does not matter how long it takes the BIA to rule on your matter explains the Long Beach deportation lawyer.
The legal deadline for you to appeal is essentially set in stone. If you are 5 minutes late, explains Brian D. Lerner, it will most likely be returned as being untimely, and a final deportation order will issue and you could be forcibly removed from the United States.
Therefore, it is absolutely critical that you get a Long Beach deportation lawyer that is familiar with the immigration laws that has years of experience and that knows what to do right away.
You must also move quickly states Brian Lerner.
Don’t get an order from the Immigration Judge and then sit on it for 25 days before seeing a Long Beach deportation lawyer.
Rather, see the Long Beach deportation lawyer right away.
However, Brian D. Lerner explains that is not always possible, but he can actually file the Notice of Appeal practically on the very last day of the 30 days (and can even fax the notice to be filed.)
However, to be safe, be sure you contact a Long Beach deportation lawyer who really knows what they are doing and can help you.