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At Allium Law PLLC, we offer comprehensive legal services and attorney representation for immigration cases that require a motion or an appeal as the next step. We can review the details of your case closely to assess your immigration case status and advise on your available options that we believe are in your best interest.

UNDERSTANDING APPEALS & MOTIONS IN IMMIGRATION LAW

Understanding Appeals & Motions in immigration law is vital in navigating the complexities of your immigration case. Appeals are legal procedures that challenge the decision of an immigration judge or officer, requiring a higher authority, such as the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), to review the case. The BIA, based in Falls Church, Virginia, is responsible for hearing appeals from administrative decisions in immigration cases. It’s a chance for the immigrant to argue that a legal or factual error was made in the original decision, and a successful appeal can reverse the unfavorable outcome. If the BIA denies the appeal, the next step would be to file a petition for review in a federal court of appeals.

Motions, on the other hand, are requests made to the same authority that issued the original decision. Two common types are Motions to Reopen, where new facts or evidence are presented to reconsider the case, and Motions to Reconsider, where errors in the application of law or policy to the original decision are highlighted. Motions are time-sensitive and require a thorough understanding of immigration law, stressing the importance of seeking legal guidance of an immigration attorney.

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THE APPEALS PROCESS

An appeal is a request for another adjudicator (like a judge) to review the decision already made. Was their decision based on a lack of information? Was it based on an interpretation of the law that is inaccurate? Was the immigration judge’s opinion “arbitrary and capricious”? The appeals process for immigration law decisions or orders issued by an immigration agency or immigration court provides an opportunity for non-citizens to challenge those decisions or orders.

The most important thing to do when a negative decision or order is issued, if you do not already have an immigration lawyer, is to schedule a consultation as soon as possible. The reason for this is that, typically, you may only have thirty days to file an appeal. This is not a lot of time, as an attorney would have to review the case, determine the best course of action, and file the necessary appeal documents before the deadline. If you disagree with the way another attorney handled your case, you may always seek a second opinion.

You may, depending on the case type, have other options, such as filing a motion to reopen or a motion to reconsider. Each process has specific requirements that must be met, so meeting with an experienced immigration attorney to discuss those requirements is helpful so you fully understand the process and what needs to be done.

Each agency, the United States Citizenship and Immigration Service (“USCIS”), Customs and Border Protection (“CBP”), Immigration and Customs Enforcement (“ICE”), the Executive Office for Immigration Review (“EOIR”), and the Board of Immigration Appeals (“BIA”) has a specific process that is utilized to appeal decisions made by that agency. Agencies may have an internal appeals process for that specific case type that is required to be “exhausted,” before you could take your appeal to a Federal District court, or to an Appeals Circuit Court. This means you have to file all of the other types of appeals before you can go to these courts.

The appeals process for most case types is lengthy, and it can sometimes take many years to receive a decision. It is for that reason that we will assess whether filing the appeal is your only option, and evaluate other potential options that may be more efficient, such as refiling a denied petition. However, there are many instances in which this is not the best approach, or in which it is not an available option for that specific case type.

We have worked with many clients to appeal decisions made by USCIS, Immigration Courts, and CBP (their “expedited removal order”). An experienced immigration attorney can help you determine which course of action you need to take, whether appealing is the best option for you with the type of case you have, and what the deadlines are. There are instances where you can submit additional evidence and potentially get a different outcome. At Allium Law PLLC, our experience and expertise helps clients advance successful appeals before immigration law agencies.