immigration court deportation defense - HOUSTON, TX immigration lawyer
There are two levels of appeals before getting to the US Supreme Court. This is to the Board of Immigration Appeals and the Circuit Court of Appeals.
Did you recently lose your case? You are thinking about appealing your case. You need to make a decision fast. You have less than 30 days by the time you are reading this to file a Notice of Appeal. This document is an official way of telling the Board of Immigration Appeals that you want to appeal the immigration judge's decision. That is the first step. If you are reading this before your merits trial, then good for you. It is important to think about it before going into the final trial.
Did you recently lose your case? You are thinking about appealing your case. You need to make a decision fast. You have less than 30 days by the time you are reading this to file a Notice of Appeal. This document is an official way of telling the Board of Immigration Appeals that you want to appeal the immigration judge's decision. That is the first step. If you are reading this before your merits trial, then good for you. It is important to think about it before going into the final trial.
AM I ELIGIBLE TO APPEAL?
At the end of your trial, the judge will ask if you want to reserve appeal. Yes you need to reserve appeal even if the immigration judge does not ask you. You need to say the words "I want to reserve appeal." If you have a lawyer, then you need to tell your lawyer that is what you want to do, even if you are not sure if you want to hire a lawyer for the appeal. However, we recommend it out of all stages because there are many rules on what to do when filing the Notice of Appeal and the brief. You do not want to miss a deadline. That will be devastating to your case. There are no second chances.
WHAT ARE MY CHANCES TO WIN THE APPEAL?
This depends on what happened at the trial level and what evidence was provided to the court. Some clients have significantly helpful facts to support their case at the trial and the case was presented thoroughly and the judge can still deny your case. If you believe you have a strong case, then we recommend filing an appeal. Keep in mind that not every case is the same, right. Overall, judges have a lot of discretion and they determine if you are credible meaning if you are telling the truth.
CAN I STAY IN AMERICA WHILE MY APPEAL IS PROCESSING?
Yes this is possible. Most appeals of an Immigration Judge’s decision will result in an automatic stay of removal. This means that while a direct appeal is pending from an immigration judge’s order of removal or denying relief, the removal order is automatically placed on hold, and the immigrant can’t be deported. Some appeals (including appeals of denied motions to reopen or reconsider and appeals filed late) do not result in an automatic stay of removal. In these cases, we have pursued Motions to Stay Removal for clients, which includes a complex process of obtaining an expedited decision.
WHat happens after the board of immigration appeals denies my appeal?
Before that happens, you need to determine if it is worth appealing your case to the next level. Discuss this with an experienced immigration attorney. An appeal to the Federal Circuit Court of Appeals is called a Petition for Review. The Petition has to explain what it is we’re appealing, where the case was originally heard, why the venue is proper and the appeal is on time. Various courts of appeals have different procedures – some require electronic filing while others require filing on paper. We prepare the Petition for Review and handle filing and serving it in the proper place, on time.
we are your houston, tx immigration lawyer
It may sound simple, but the steps require significant time and in-depth analysis of your immigration history and the legal requirements. We recommend to speak with us as early as you are thinking about it. Do not wait until you are 100% sure you want to hire this candidate. Consult with us in the early stages. Consider as your consultant. We can save you time and stress. We keep you updated every time there is a notice from the government and new policies by the President (Executive Branch).
We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.
We are here to guide families every step of the way. We offer these services as a one-time fee or monthly representation fee.