At IMMpact Litigation, our team of immigration attorneys from three different respected firms across the U.S. handle complex and high-level immigration litigation. We formed this team out of a dedication to protecting our clients’ rights in the immigration system and improving immigration law and policy. Learn more about our services and how we might help.
Many people receive adverse decisions on immigration applications and petitions, though this does not have to be the final answer. If we believe that the decision was wrongful and an appeal with the Board of Immigration Appeals (BIA) was unsuccessful, we can assist in appealing the decision through the proper channels from there, including the Circuit Court of Appeals.
If your BIA appeal did not come out in your favor, there is another way to seek possible relief and potentially have your adverse outcome overturned. We can prepare and file an appeal in the proper federal Circuit Court of Appeals. There are 13 different federal circuits, each covering its own geographical area, and you must file with the court that has jurisdiction over your case. If you lost a case in immigration court, you would need to determine in which circuit your immigration hearing took place and file your appeal there.
You have only 30 days to file your appeal from the date of the adverse BIA decision. Different rules might apply when counting days (such as whether weekend days count), so you never want to take a chance and wait to start pursuing your appeal with the right legal team. The court clerk must receive your petition for appellate review by the 30th day at the very latest, or you will lose your chance to appeal.
After we file a petition with the Circuit Court of Appeals, we must follow it up with a brief supporting your petition. This is based on the administrative record of your case, and we must file the brief within 40 days of the record becoming available. There are specific standards for court review, so you need a lawyer familiar with federal appeals courts handling this process.
There is also not a stay of removal that automatically goes into effect while you are appealing the decision. Your attorney must request this by filing a motion with the court to issue a stay of removal. Obtaining this is critical for many reasons.
The Circuit Court appeals process is complicated and challenging for many reasons. For some, however, it is the last chance of obtaining the immigration benefits that USCIS wrongfully denied them. We review cases and determine whether a Circuit Court appeal might be appropriate in a particular case before we even begin the process. There is limited time, however, so anyone considering an appeal needs to move fast when it comes to consulting with the right immigration lawyer.
To learn how IMMpact Litigation might be able to help in your case, contact our team of nationwide immigration attorneys using our online form or check out our current Onboarding cases. You can also submit questions to our attorneys via Facebook.