Immigration Appeals Lawyers Serving Ohio and the US
An appeal comes after the immigration judge orders a foreign national deported or removed. An appeal argues the immigration judge made an error on the case. The foreign national files the appeal with the Board of Immigration Appeals (BIA). The filing of the appeal stays the order of deportation or removal. This means Immigration and Customs Enforcement (“ICE”) cannot arrest and remove the person.
If the BIA agrees with the foreign national that the immigration judge made a mistake, the BIA will remand (or send the case back) to the IJ to correct that mistake. If the BIA does not agree with the foreign national’s argument(s), then the BIA denies the appeal. The BIA denial causes the order of deportation or removal to become final and executable. This means ICE can arrest and physically remove the foreign national.
After a BIA denial there is one more layer of appeal. The foreign national can ask the federal circuit court of appeals having jurisdiction over the city where the order deportation or removal occurred to review the case. For example, a BIA denial of an appeal from the Cleveland immigration court would go to the Sixth Circuit Court of Appeals. This is a Petition for Review. The filing of a Petition for Review does not stay the removal. ICE can arrest and physically remove the foreign national. Thus, counsel must file a Motion for Stay of Removal with the circuit court.
The immigration law firm of Hammond Law Group, LLC, routinely litigates deportation and removal appeals at the Board of Immigration Appeals. As well, Hammond Law Group has offices and removal appeals attorneys in Phoenix, Los Angeles, San Francisco, Cincinnati and Cleveland, Ohio. Mr. Eichorn leads the appellate practice group. He is admitted to practice in the Third, Fourth and Sixth Circuit Courts of Appeals. This means he can file Petitions for Review of BIA denials for cases originating in 12 different states.
Call 216-970-7102 or contact us online to schedule a case assessment. When contacting us, please have the order of deportation, the order of removal or the BIA denial handy for us to review. The time limit on all appeals of deportation and removal is thirty days from the date of the order. Time is of the essence.
Motions to Reconsider and Reopen in Removal Proceedings
In addition to filing an appeal with the BIA, the foreign national has two other strategies for addressing removal or deportation orders. One strategy is to file a Motion to Reconsider. A Motion to Reconsider is not an appeal. It is a motion to the immigration judge which asks the immigration judge to reanalyze their legal decision based on the just the facts previously submitted. A Motion to Reconsider cannot contain new facts or new evidence. All Motions to Reconsider must be filed with the immigration court within thirty (30) days of the date of the deportation or removal order. Since it is not an appeal, an appeal can also be filed and the deadline for filing the appeal with the BIA remains thirty days from the order. Also, the filing of a motion to reconsider does not stay the removal.
Another strategy following a removal or deportation order is to file a motion to reopen. Motions to reopen request the judge reopen the removal proceedings, take new and previously unavailable evidence and reissue a decision. As well, Motions to Reopen are time-sensitive. Like Motions to Reconsider, Motions to Reopen are not appeals. Since a motion to reopen is not an appeal, the time to file the BIA appeal continues to run and there is no automatic stay of removal.
Motions to reopen complex and intricate. Motions to reopen in absentia orders are very difficult. An in absentia order of deportation or removal occurs when the court enters such an order against a foreign national when that person fails to appear for their hearing. Below are some options to challenge an in absentia order through a motion to reopen:
- The Immigration Court failed to provide you sufficient notice of the hearing,
- Exceptional circumstances prevented you from appearing at the hearing,
- Your immigration status is based on a family relationship with a U.S. citizen or permanent resident who has abused you (visas for abuse victims under the Violence Against Women Act, or VAWA).
- There is some change in your circumstances that the immigration judge would reopen the case to help you obtain status.
Our removal appeals attorneys have won many motions to reopen and reconsider as well as BIA appeals and petitions for review. Your status is at risk. With an order of removal or deportation you have one foot out the door.
Don’t hesitate. Call us today.