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When the Board of Immigration (BIA) denies an immigration appeal, it finalizes the Immigration Judge’s decision to have you removed from the country. This means that the government can now legally deport you. Moreover, when this order is finalized, the government is obligated to try and remove you within the next 90 days. This period is called the removal period.
During the removal period, the government can detain you until you can be deported to your home country. However, this does not mean you no longer have the chance to have the BIA’s decision overruled. Here are some considerations to know and what you can do if the government denies your immigration appeal case.
Steps to Take if Your Immigration Appeal Case is Denied
If the government denies your immigration appeal case, there are several steps you can take to seek further recourse. Firstly, you may consider filing a motion to reopen the case with new evidence or legal arguments. Alternatively, you can file a new immigration application or pursue alternative forms of relief. It is crucial to seek guidance from an experienced immigration attorney to explore all available options and navigate the complex legal process effectively.
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What If I Was Not Deported After 90 Days?
If you are still in the US after the 90-day removal period with your deportation still pending, the government will supervise you. The supervision would include complying with requirements, such as:
- Periodically reporting to an immigration officer.
- Informing the government, under oath, of your nationality, activities, current situation, and other details deemed necessary to divulge to them.
- Undergo medical examinations if requested by the government.
Can the Removal Period Get Extended?
The government can extend the 90-day removal period for several reasons:
- If you apply, in good faith, for the necessary travel documents for your departure but fail to make it in time
- You refuse to apply for the travel documents
- You acted or conspired to stop your deportation
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Can I Petition to Have My Denied Appeal Case Reconsidered?
Yes, if the BIA denied your immigration case appeal, you can make another appeal with a higher court. However, you must take your dismissed appeal to the US Circuit Court of Appeals this time. If your case is in Arizona, the Ninth Circuit Court will review the BIA’s decision on your immigration appeal.
To appeal against the dismissal, you must file a Petition for Review with the Ninth Circuit Court. In the petition, you must be able to explain why the BIA made the wrong decision by dismissing your immigration case appeal.
You could consider working with an immigration attorney in forming the petition. They can review it to see if it can sufficiently support your arguments and will help ensure that you file it correctly.
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Do I Need to Submit More Proof in a Ninth Circuit Court Appeal?
No, you cannot give more evidence when filing your Petition for Review. Instead, the Ninth Circuit Court will only review the same evidence you provided to the Immigration Judge when your immigration case was first decided.
You must focus on being able to convince the Court through your arguments in the petition.
How Much Time do I Have to File an Appeal with the Ninth Circuit Court?
After the BIA dismisses your immigration case appeal and finalizes the removal order, you only have 30 days to file your petition to the Circuit Court of Appeals. Your right to dispute the BIA’s decision will no longer be valid once the time limit runs out.
Furthermore, remember that filing the appeal does not necessarily mean you will not get deported. The government still has every right to deport you from the country during your 90-day removal period.
To stay in the US while the Circuit Court reviews the appeal, you must file a Motion to Stay of Removal alongside the petition. You must also provide a valid reason why you should not be deported while the Court is still deliberating.
How Long Will It Take the Court to Reach a Decision with My Appeal?
Circuit Courts of Appeals can take considerable time deciding on a case due to the large number of petitions they handle. As a result, you may have to wait for around two or more years before they dismiss or approve your appeal. Moreover, you may also be requested to argue your case before the Court within this period.
What Happens If I Win the Appeal with the Ninth Circuit Court?
If the petition goes favorably for you, the Ninth Circuit Court will likely permit you to stay here in the US. However, there is also the chance they will transfer your case back to the BIA or the Immigration Judge to have them decide again on your immigration appeal. An immigration lawyer can continue working with you in forming your arguments.
Consult with Our Immigration Firm Today
Here at New Frontier Immigration Law, we believe you deserve a chance to build a future in the United States. Do not hesitate to contact us if you want to contest a denied appeal case. With Atty. Hillary Walsh at the helm, our team of immigration lawyers can guide you throughout the entire immigration litigation process.
We commit ourselves to helping our clients and their loved ones start anew here. If you have any concerns about your situation, you can call us. Our support team can accommodate you in English or Spanish. You can also send us the details of your immigration case online to schedule your strategic session. Lastly, check out our testimonials to see what past clients had to say about partnering with us.
