What Is The Process For Appealing Before The BIA?
After the immigration judge has rendered a decision against an immigrant, he or she will ask if the immigrant wishes to appeal the decision. If the immigrant responds “no”, then the deportation process will begin immediately. The immigrant should instead say that they either will appeal or reserve the right to appeal to delay the deportation process.
For immigrants who did not retain counsel during the initial hearing, the judge will provide them with a guide that includes the forms necessary for filing an appeal. While there are those who choose to represent themselves in matters before the BIA, an appeal is quite different from the petition process. In the appeal, you must show how the judge’s decision went against established precedent or law. It’s a complex process. Most would be in a much better position with an experienced immigration appeals attorney managing the case instead of trying to navigate the system themselves.
In addition, the BIA does not consider testimony during an appeal. The BIA has only one office near the District of Columbia in Virginia and conducts a review of the case in that office. In other words, they won’t be hearing from you or your attorney. They’ll instead conduct a “paper review” or a review of the court documents. In some cases, very rarely, they will hear oral arguments from both sides.
Representation Before The Board Of Immigration Appeals (BIA)
The BIA has nationwide jurisdiction over certain decisions made by the immigration judges as well as district directors of the Department of Homeland Security (DHS). Whether your case is slated for oral argument or paper review, our experienced San Antonio immigration attorneys have the knowledge, skills and experience necessary to prepare and present a persuasive appeal on your behalf.
Even if the BIA does issue a final order of removal, deportation or exclusion, we may still be able to pursue the matter in federal court by filing a Petition for Review with the Fifth Circuit Court of Appeals.
Lozano Law Firm - Abogados de Inmigración
5718 University Heights Blvd #104
San Antonio, TX 78249
(210) 899-2290
https://abogadolozano.com
