If you’ve received a notice and/or denial from U.S. Citizenship and Immigration Services, you have options. Here’s what you should know about the immigration appeals process.
Important Terms
Unfortunately, the immigration system is extremely complex, with a never-ending storm of complicated legal terms. To better understand the appeals process, below are some key terms you need to know.
- Board of Immigration Appeals: This is the government body that handles legal immigration issues. It often acts as the regulatory arm of the Department of Homeland Security.
- Orders of Removal: Appropriately frightening, an Order of Removal is a deportation notice from the Immigration Court that calls for your deportation. You may receive a removal order if the judge denies your initial appeal. However, you do have a 30-day window to file an appeal in which ICE agents cannot take action against you.
- Motion to Reopen: This is a mechanism you can use to ask an immigration judge or the Board of Immigration Appeals (BIA) to reopen your case. To file a motion to reopen, you’ll need to provide evidence that was not previously shown to the court that proves why you should stay in the United States.
- Motion to Reconsider: A motion to reconsider is different from a motion to reopen in that you are not introducing new evidence but asking the court to reconsider your case based on an error in the initial decision. This motion can also be used to expose an outdated law or procedure that needs amendment.
- Relief from Removal Proceedings: In some cases, you may qualify for relief from removal proceedings by applying for immigration benefits. For example, if you are granted lawful permanent residence during removal proceedings, you can get protection from deportation. This principle only applies to those who receive immigration benefits during removal proceedings.
- Administrative Appeals Office: Many employment-based and non-immigration cases go through the Administrative appeals office instead of the Board of Immigration Appeals. These cases can be escalated to the Federal District Court, but that depends on your unique circumstances.
- Writ of Coram Nobis: This is a legal procedure that may help you get support if you’ve suffered emotional and/or physical damage during removal proceedings.
- Writ of Mandamus: Your attorney can file a Writ of Mandamus if the immigration office delays your green card application or citizenship approval.
- Writ of Habeas Corpus: This is a civil action against State or Federal officials who you believe unlawfully detained you.
How the Appeals Process Works
If you need to file an appeal, the first and most important step is hiring an attorney. NEVER attempt to face an immigration court without the guidance of a licensed and experienced professional.
Also, keep in mind that there are different appeals processes for some cases. As mentioned above, you may need to file a motion to reconsider, NOT a motion to reopen. You’ll also need to go before the BIA or the Administrative Appeals Office. They will need a strong case which means you must have all documentation in order and available to the court.
In some cases, time is of the essence, and it’s critical to have a knowledgeable advisor to help you expedite the process. If you are currently seeking an appeal during removal proceedings, contact an attorney immediately.
We Can Help You Pursue a Positive Result
At Sintsirmas & Mueller Co. L.P.A., we understand how frustrating the immigration appeals process can be, especially for those in the middle of removal. That is why we offer a host of immigration services from a team that gets things done. Our attorneys work tirelessly to help our clients pursue a positive result.
Contact Sintsirmas & Mueller Co. L.P.A. for more information.
