Board Certified Immigration Attorneys in Orlando Appeal Removal Orders With The Board Of Immigration Appeals (BIA)
An order of removal issued by an immigration judge may be challenged by appealing the decision to a higher court. The next higher court, if an immigration judge issued the order of removal, is the Board of Immigration Appeals (BIA), located in Falls Church, Virginia. Upon filing the appeal with the Board of Immigration Appeals the Respondent is allowed to remain in the United States with an automatic stay of removal. However, if the appeal is not timely filed or deficient or fails to lay out a cogent argument if may be summarily dismissed.
It is very important to note that he Department of Homeland Security can also appeal an Immigration Judge’s decision in your case. This means that the only way to preserve the Judge’s decision is for you to have a strong appeal argument as well. An expert immigration attorney will make sure that your case is well lay out and strong arguments are used when the Board of Immigration Appeals review your case.
Board of Immigration Appeals - Possible Decisions
When the BIA decides any appeal in your case – whether you file an appeal or the government files an appeal – they have a few different options:
- The Board can reverse the Immigration Judge’s decision and grant your case;
- The Board can remand your case back to the Immigration Judge with instructions about considering new evidence or to issue a new decision.
- Or the Board can uphold the Immigration Judge’s decision which means your order of removal is still in effect and you can be deported.
If the BIA upholds your removal order, you can request that a higher court called the United States Court of Appeals review that BIA’s decision, this is called a petition of review. Unlike the BIA, the Court of Appeals has the authority to decide that a law passed by Congress violates the Constitution.
You may also seek a stay of removal while your appeal is pending with the court of appeals, but it is not automatic as it is with the BIA appeal.
If you are considering to appeal a removal order then a board certified immigration attorney with a lot of experience in immigration appeals would tremendously help. Suzanne Vazquez and Maud Poudat, both certified as experts in Immigration and Nationality Law by the Florida Bar, are very experienced immigration appeal lawyers and have helped many clients in the past.
Contact our Immigration Appeals Attorney
If you or someone you know is placed in removal proceedings or deportation, the order may be challenged. Our Board Certified immigration attorneys are very in experienced immigration appeals and would be honored to represent you. You have only 30 days from the date of the immigration judge's removal order to file an appeal with the BIA. Call our immigration law firm today!
You can reach us during office hours at (407) 674-6968. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly. You may also fill in the online form provided on this page and we will get back to you as soon as possible.
