In the event your petition or application has been denied, you may have the right to pursue an appeal to the Board of Immigration Appeals.
Occasionally, individuals who apply for immigration benefits or who are subject to removal proceedings do not receive the benefit they seek. When this occurs due to an incorrect decision, whether based on erroneous interpretation of the law or erroneous application of the law to the facts of the case, the individual generally has the right to appeal the decision.
Intricate rules govern the time, place and manner of the appeal. It is critical to file the appeal timely and properly to avoid the appeal being denied on procedural grounds.
One of the most common types of appeal is an appeal of a removal order by an Immigration Judge. This appeal is made to the Board of Immigration Appeals, and must be made within 30 days after the Immigration Judge's oral decision. The Board of Immigration Appeals is a part of the Executive Office for Immigration Review, within the Department of Justice. The Board of Immigration Review has de novo review power on questions of law, discretion and judgment made by the Immigration Judge.
After filing a Notice to Appeal, the Board issues deadlines for the parties to file briefs. Once briefs have been submitted, the Board (or in some circumstances, a three member panel of the Board, or sometimes even one Board member) will review the briefs and the entire Record of Proceedings.
The Board of Immigration Appeals then issues a written decision on the case. The decision of the Board of Immigration Appeals may, in some circumstances, be appealed to the federal court.
Please contact Christiansen Law Firm today for additional information about your immigration appeal.
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