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.
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:
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.
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!
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