If an immigration court has issued an order of removal against you or your family member, you might be feeling overwhelmed and heartbroken right now. However, you need to understand that your case is not over and you should remain hopeful.
A local lawyer could help you fight for a reversal of an immigration decision with the Board of Immigration Appeals in Phoenix. Our skilled appellate attorneys and cancellation of removal attorneys will help you navigate the complexities of an immigration appeal, while protecting your legal rights (including your right to keep your work permit). We understand that the immigration process is confusing and complicated, and we want to support you through this difficult journey.
If you are facing deportation or are otherwise unsatisfied with the results of an immigration court’s decision, you have the right to appeal the decision. However, you need to comply with the precise procedural requirements. Within 30 days after receiving the court’s decision, you must file a Form EOIR-26, which is Notice of Appeal to the Board of Immigration Appeals, which is located in Falls Church, Virginia.
If you are late and attempt to file a notice of appeal after the 30 days have passed, you could lose your right to appeal and the decision of the immigration court will become final. At the time you submit your notice of appeal, you must also submit the appropriate filing fee or a request to obtain a fee waiver.
Although the Board of Immigration Appeals has nationwide jurisdiction, it is not a federal court. The Board of Immigration Appeals typically reviews the information and makes a decision, without requiring oral arguments in a courtroom proceeding. The Board of Immigration Appeals usually issues decisions within 1-2 months. While you wait for a decision, you get an automatic stay of removal, which means that you cannot be deported until the board makes a decision on your case.
Our seasoned Phoenix legal team has extensive experience with the Board of Immigration Appeals. We know how to comply with the procedural requirements and build solid claims for appeal.
If your appeal is successful, the Board of Immigration Appeals could reverse the decision of the immigration court, which could result in you obtaining an adjustment of immigration status, obtaining asylum, or another decision allowing you to remain in the U.S. The Board of Immigration Appeals could also remand the case to the immigration court for further proceedings. You could also receive a denial, in which the board upholds the immigration court’s original decision.
Although the board is the highest level of administrative body regarding immigration matters, it is not the last resort. Our legal team might still be able to help you if the Board of Immigration Appeals upholds the court’s original decision and denies your appeal in Phoenix. We could help you file a petition for review in the Federal Circuit Court of Appeals, which must be filed within 30 days of receiving the board of appeals’ decision.
While you wait for the appeals court, you can request that the court grants you a stay of removal. However, unlike with a Board of Immigration Appeals matter, the federal appeals court does not automatically have to grant that kind of relief.
Receiving an order of removal from an immigration judge can be frightening. Contact a skilled deportation defense attorney who could help you appeal that decision with the Board of Immigration Appeals in Phoenix. We could ensure you comply with the correct procedures and build a strong claim for appeal. If you or your family member deserve to stay in this country, it is important to have someone on your side who is fighting for you at every stage.
