When you receive a decision that threatens to derail your plans for staying, working, or studying in America — or bringing your family over to do any of the same — know that it doesn’t always have to be the final word. Most immigration rulings and decisions can be appealed, often using a specific process that is streamlined to reduce backlogs.
The only challenge is determining your grounds for appeal, which should be related to a specific issue with the decision-making process or a ruling in a prior case similar to yours.
Immigration appeals judges try to make their decisions fast, relying heavily upon existing case law from immigration and federal appeals courts. To earn the highest chances of having your appeal succeed, you must understand these previous rulings and the types of arguments that immigration appeals judges look for when determining the merits of an appeals case.
Singh Ahluwalia Attorneys at Law has extensive experience helping clients succeed on appeal, including clients who had initially represented themselves or previously relied upon the services of another immigration lawyer. We can provide you with an immigration appeals lawyer who is highly familiar with the appeals process and the factors appeals judges look to when weighing their decisions.
Find out what strategies you could use to win an appeal. Get answers to your other immigration law questions during a confidential, no-obligation case review with an immigration appeals attorney near you.
Schedule your no-risk appointment today when you call (559) 878-4958 or contact us online.
How Can a California Immigration Appeals Attorney Help Me?
Petitioning for a decision in your favor from an immigration agency or judge seems like a simple process: complete the needed forms, send in the right documents, pay the fees, and wait. In truth, immigration authorities look for each application or motion to meet thousands upon thousands of minute — sometimes unspoken — criteria.
They will likely come to a hasty decision when they see anything that can justify a denial.
Appealing an unfavorable decision requires unpacking all of the criteria that immigration officials look for. It also often requires an understanding of complicated case law, which is formed over decades of prior decisions.
Your California immigration appeals lawyer will review these factors to determine the legal arguments that can give your appeal the highest chances of success.
Further, one must file an appeal quickly: just 30 days after the final decision. Preparing a strong appeals case that examines the relevant legal aspects takes time.
Thanks to our experience, the lawyers at Singh Ahluwalia Attorneys at Law can prepare cases on a shorter timeline. We will quickly analyze all relevant aspects of your case and compare them to the qualities of prior cases, including cases we have personally handled.
Our history of managing immigration law appeals makes us highly qualified to take on your case and give it a high chance of success within the short timeline allowed for appeals.
Common Reasons for Filing an Immigration Appeal
Very few decisions related to immigration law cannot be appealed. With that said some forms of appeals are more common than others. These cases tend to relate to high-volume cases where immigration officials have a limited time to review each case and come to a decision.
As such, appeals are often based on factors that should have been considered but tend to get overlooked — often because of a lack of time or unfamiliarity with cases that overturned similar decisions.
Examples of common reasons for hiring a California immigration appeals attorney include cases related to:
- Motions to suppress or cancel an order of removal
- Withholding of removal
- Petition for change of immigration status
- Waiver of grounds for inadmissibility
- Asylum
- VAWA
- Convention against Torture (CAT)
- Denial of a visa
- Waiver of a criminal conviction
- Application for permanent residency, citizenship, or naturalization
How Are Appeals Filed?
In most cases, someone who wishes to appeal a decision or ruling has just 30 days from issuing the final decision. Late notices of appeal are not accepted, meaning the original decision becomes final.
Most appeals will follow a process similar to the one below:
- The appropriate court or body of officials receives notice of Appeal.
- The court or body responds to confirm receipt of the notice. They will also provide a transcript of the original decision made, a scheduled date for the briefing, and a deadline for your brief to return.
- The person filing an appeal must return the brief before the deadline along with their justifications, based on factors for the original decision like an error in judgment, an error in the process, or a relevant prior case ruling.
- The immigration court or body reviews the brief and returns a decision, often within 30 – 90 days.
Where Will My California Immigration Attorney File My Appeal?
The appropriate court or administrative body for your appeal depends on the type of decision originally handed down and who handled that decision.
Board of Immigration Appeals (BIA)
Part of the U.S. Department of Justice, the Board of Immigration Appeals (BIA) serves as the highest authority for immigration law appeals. They will review decisions by immigration judges and certain petitions handled by offices like the USCIS, such as petitions for families to immigrate.
The BIA reviews all decisions related to deportation/removal. The BIA can also review other criminal prosecution matters, including the denial of an immigration bond or the re-opening of certain criminal cases based on prior procedural errors.
The BIA also often weighs in on whether someone facing removal will be granted asylum or other forms of relief, such as withholding of removal.
Administrative Appeals Office (AAO)
Part of USCIS, the Administrative Appeals Office (AAO) handles most other appeals not sent to the BIA. Common examples include appeals of a denial for a visa or a denial for a petition to change certain immigration statuses, as well as matters related to the following:
- K visa petitions
- Petitions for non-immigrant or employment-based visas
- Applications for permission to reapply for admission after deportation (I-212 waivers)
- Applications for Temporary Protected Status (TPS)
- T and U visa petitions
One key factor that separates AAO appeals is that they typically appeal a decision made by a USCIS officer, not an immigration court judge.
Credible Fear Reviews
Petitions for asylum or requests to withhold an order of removal can often be denied because an immigration officer determined that the petitioner did not have a “credible fear” of harm based on a form of protected status.
These findings can be appealed once, allowing another immigration officer to review the facts indicating why the petitioner believes they have a “credible fear” of harm. Once the decision is reviewed again, the petitioner cannot re-appeal it.
Federal Court of Appeals (Ninth Circuit)
In limited instances, the appropriate Federal Court of Appeals may reconsider a case decision affirmed upon appeal. California is served by the United States Court of Appeals for the Ninth Circuit.
Federal Appeals Courts have discretions on which cases they accept for appeal. Generally speaking, they are looking for cases with merit based on a misapplication of specific laws, policies, or procedures leading to an error in a final decision made by a judge or governing body.
Because of the high volume of immigration law cases in immigration courts and other court systems, the Ninth Circuit often declines to hear a brief on certain appeals. Nevertheless, filing an appeal with the Federal Court of Appeals can remediate instances of injustice or improper procedure that would otherwise negatively impact the petitioner’s life.
Work With Experienced California Immigration Law Appeals Lawyers
Singh Ahluwalia Attorneys at Law has represented clients in various appeals, including presenting cases before Federal Courts of Appeals in multiple circuits. We will handle your case with the utmost care to help you explore every possible legal avenue to maximize your chances of achieving your goals.
We are efficient in our reviews and can quickly process most appeals in time for the 30-day filing window. We can also help you understand your case’s most important legal aspects, including landmark rulings that could impact your ability to obtain the decision you were hoping for.
Time is of the essence in these cases, so be sure to reach out as soon as possible to schedule your initial case review. You can schedule your confidential, no-risk appointment now by calling (559) 878-4958 or contacting us online.
