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Los Angeles Immigration Appeals Lawyers

How Do I Appeal My Immigration Case?

Call Us Today 213-423-7788

If you’ve recently received an immigration judgement that you disagree with, there may be an opportunity for you to pursue the immigration appeals process in LA. Generally, applicants file immigration appeals to have the outcome of their case reviewed and potentially changed.

The type of immigration appeal you should file depends on the circumstances of your case, your location, and many other factors.

While the immigration appeals procedure is not that difficult, persuading an immigration judge to overturn a judgment can be challenging without the help of a skilled immigration appeals attorney in LA.

At Best Immigration Lawyer, we help our clients to understand the complexities of immigration law, identify viable options, and develop solid strategies for a successful outcome in their case.

What Are the Different Types of Immigration Appeals?

There are various immigration appellate processes that fit different situations. Generally, the most common types of immigration appeals include:

  • Appeals before the Board of Immigration Appeals (BIA)
  • Appeals before the Administrative Appeals Office (AAO)
  • Criminal Alien Appeals
  • Federal Circuit Court of Appeals

Many appeals must first be filed with the Executive Office of Immigration Review (EOIR) before the appropriate administrative body hears it.

If an appeal does not fit the circumstances of your case, there may be other options available. Discuss your case with an experienced immigration appeals lawyer in Los Angeles to learn more.

Board of Immigration Appeals (BIA)

The BIA is overseen by the Department of Justice (DOJ). It reviews most decisions rendered by immigration judges and USCIS. Generally, the BIA handles the following types of cases:

  • Form I-130 petition denials
  • Deportation cases
  • Bond adjudication

If your case is reviewed by the BIA, they will most likely just review the written briefs of your case to reach a conclusion. They only hear oral arguments in select cases. If BIA affirms the original decision, there still may be additional options for appeal.

Administrative Appeals Office (AAO)

The AAO handles most of the appeals for denials. That includes denials for the following:

  • Employment and investment-based visas
  • Temporary Protected Status and Adjustment of Status
  • Other visa petition denials (i.e., religious, special immigrants, etc.)

You must file a Notice to Appeal with the AAO or USCIS within 30 days of the initial decision.

Criminal Alien Appeals

If you’re an immigrant that has been convicted of a crime, a skilled immigration lawyer can help you appeal the criminal ruling and fight deportation orders at the same time. Our lawyers have helped thousands of people to fight criminal charges. Let us help you too. Contact the Best Immigration Lawyer in LA to learn more.

Federal Court of Appeals

In most cases, the federal court of appeals hears cases that come from the BIA. Generally, this court can only hear cases involving constitutional claims or issues concerning the application of law in your case. The most common cases that go to the federal court include, but are not limited to:

  • Controversial hold up in USCIS application decisions
  • Rejected naturalization application
  • Unlawfully detaining an immigrant
  • Unconstitutional or illegal removal orders

For immigrants in California, the United States Court of Appeals for the Ninth Circuit is the appropriate federal court of appeals. If you don’t successfully appeal your case at the federal court, you can potentially take your case to the United States Supreme Court. However, this rarely occurs for immigration issues.

Who is Eligible for an Immigration Appeal in Los Angeles?

If you’ve received an unfavorable decision, you may be eligible to appeal with the AAO or BIA. It’s important to note that some types of decisions can’t be appealed.

In some cases, your immigration lawyer may recommend filing a new petition or Motion to Reconsider instead of an appeal. If you’re unsure about your ability to appeal, you should consult with a proven immigration appeals lawyer in Los Angeles as soon as possible.

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