Appealing Your Immigration Case
Immigration officials are not perfect, even when your immigration case is. Often, immigration judges make mistakes on your immigration case. Immigration laws are complex, and judges have overloaded dockets; mistakes are bound to happen. An immigration judge’s mistake, however, should not result in your deportation. You should consider fighting the decision through an immigration appeal.
What Types of Mistakes Do Judges Make?
Common mistakes judges make include misunderstanding the applicable law, misapplying the applicable law to the facts, failing to give weight to valuable witness testimony, or failing to observe immigration court procedures that unfairly impact your immigration case.
How Long Do I Have To File An Immigration Appeal?
Generally you have 30 days from the date of the decision to file an immigration appeal. Accordingly, it’s important to contact an immigration attorney as soon as possible so that the immigration attorney can review your case for merit so that you can understand whether or not an immigration appeal is appropriate.
How Difficult is it to Win an Immigration Appeal?
Immigration appeals are not easy. Fewer than 10% of all immigration appeals before the Board of Immigration Appeals succeed. For that reason, it is extremely important to find an immigration attorney that thoroughly understands immigration appeals.
Should I Hire a New Attorney for my Immigration Appeal?
There are many reasons an immigration case may be lost or denied. Often it has nothing to do with the quality of the immigration attorney. But almost always it helps to have a fresh set of eyes to review the case. For this reason we highly encourage someone who has lost an immigration case to at least consider finding a new immigration attorney to handle the appeal. This means no disrespect or lack of loyalty to the former immigration attorney. We would advise our deportation clients the same. In the end, it may make sense to stay with your current immigration attorney.
For those that attempted to defend themselves in immigration court, or who were represented by an attorney that did not specialize in immigration law, we highly recommend that you consult an experienced immigration attorney to evaluate your immigration case to determine whether or not you should proceed with an immigration appeal.