Philadelphia BIA & Federal Court Litigation Lawyer
Many people will be happy to know that losing your removal proceeding before an immigration judge does not end the matter. Instead, you can often bring an appeal to the Board of Immigration Appeals (BIA). This board is located in Virginia and reviews decisions made by immigration judges across the country. Ellenberg Law Group can handle your immigration case from start to finish and can represent you before the BIA or a federal court. To find out if we can help, contact one of our Philadelphia BIA & federal court litigation lawyers.
The Appeals Process
With an appeal, you ask a higher authority to review a decision made by an immigration judge below. Sometimes, immigration judges misunderstand the law, or they don’t apply it correctly. In other cases, they make decisions which have no factual support at all. Sometimes an immigration judge in one part of the country decides an issue one way, but other judges in other parts of the U.S. decide the same issue another way.
The BIA doesn’t review every immigration decision, but they do consider matters involving:
- Removal proceeding decisions
- Waiver applications
- Relief from removal
- Cancellation of adjustment of status
- Denial of family-based visa petitions
For example, a judge might completely ignore key evidence in your waiver application and deny relief. You might ask the BIA to review this decision and then point out the facts the immigration judge ignored.
There are strict deadlines to meet. A foreign national must file their notice of appeal within 30 days of the immigration judge’s decision. If you miss the deadline, you’ll undoubtedly lose because the BIA will refuse to hear the case.
The BIA is part of the Executive Branch and is housed within the Department of Justice. Federal courts are their own separate branch of government. They have a limited ability to review immigration cases. But they absolutely can hear issues involving constitutional matters, like illegal treatment while in detention. They can also hear many disputes regarding the interpretation of the federal immigration laws.
Appeals are not easy to win, whether you appear before the BIA or a federal court. Judges expect a professional presentation and someone familiar with prior decisions made by appellate courts. If you hire Ellenberg Law Group, we can draft a compelling brief and explain why you should win your issue. If allowed, we can also argue your appeal before the judges. The government usually defends its position aggressively, and you will be at a disadvantage unless you hire legal counsel.
Contact Us if You Are Considering an Appeal
A BIA or federal court appeal does not always make sense. Sometimes, no mistake was made below, and being unhappy with a decision isn’t sufficient. However, immigration judges make errors like any other person. And when they do, you shouldn’t suffer the consequences, such as deportation.
To analyze whether an appeal is right for you, call Ellenberg Law Group. Our Philadelphia BIA & federal court litigation lawyer can assess your chances on appeal and discuss next steps.
