Individuals who have been ordered removed from the United States and who want to appeal their cases should consult with an immigration attorney as soon as possible. Your attorney must determine certain facts as part of the assessment of your case, including the reasons for the removal order, when the removal order was issued and which court last heard your case. Further, your attorney must determine if an appeal is, in fact, the appropriate course of action in your case, or if another strategy is appropriate, such as preparing and filing a motion to reopen your case.
If an appeal is the appropriate course of action, your attorney must determine in which court your appeal must be filed. As a general matter, the immigration court system’s first level is the Immigration Court, formally known as the Executive Office for Immigration Review. An appeal of the Immigration Court’s decision must be filed with the Board of Immigration Appeals, or BIA. If you want to appeal a decision of the BIA, the next appellate court in which your appeal must be filed is a Federal Circuit Court of Appeals. If your case was first heard in California your appeal at this stage will be filed with the Ninth Circuit Court of Appeals.
Both the BIA and the Ninth Circuit Court of Appeals have specific and strict requirements for hearing appeals. Indeed, an appeal which does not comply with the courts’ specific requirements will be rejected for that reason alone without your appellate arguments being considered at all. As such, your attorney must be well versed in appellate procedures in order to ensure that your appeal brief is well researched, well written and properly filed.
Contact the Franco Law Group today to schedule an appointment to discuss your case and appeal options. Our attorneys are knowledgeable and experienced in representing clients in immigration appeal cases at all levels of the appeals process.