Appealing a Deportation Decision
An immigration judge’s deportation ruling can feel devastating, but there is hope. Appealing an unfavorable ruling is a legal action that may result in a reversal of your deportation. The U.S. immigration appeal process lets you make your case to a higher authority, potentially allowing you to remain in the United States.
Successfully navigating a deportation order appeal requires a deep understanding of immigration law. An experienced immigration lawyer is best equipped to handle the complicated maneuvering of legal guidelines during the appeal process. The appeal process is also time-sensitive, with strict deadlines. Engaging an immigration lawyer to handle your appeal significantly enhances your chances of reversing a court’s deportation ruling.
Appeal Immigration Court Decision
Scott D. Pollock & Associates, P.C. can quickly and thoroughly evaluate your case to assess the potential for fighting your deportation order.
What Circumstances Allow for a Deportation Order Appeal?
There are several reasons to appeal an immigration court decision, including:
- Procedural errors in the original hearing
- Misinterpretation of immigration law
- Failure to consider critical evidence
- Violation of due process
- Incorrect application of legal standards
The Appeal Process
The appeal process begins after an immigration judge issues the deportation ruling in your initial hearing.
Step 1: File the Appeal
You must file an appeal with the Board of Immigration Appeals (BIA) within 30 days of the court ruling. Do this by submitting Form EOIR-26 Notice of Appeal to the BIA, an office of the Department of Justice (DOJ).
You must state the reason for your appeal on Form EOIR-26. A filing fee is also due at this time. If you cannot pay the fee, submit a fee waiver form.
Step 2: Submit a Written Brief
Form EOIR-26 asks whether or not you also intend to submit a written brief. The purpose of a written brief is to provide a detailed explanation of the legal grounds for your appeal. A written brief is extremely valuable in strengthening your case to reverse deportation.
If you are not being detained, you will have 21 days from your briefing notice to submit the brief. The opposing party will have 21 days from the date the brief was due.
If you are detained, you and DHS will each have 21 days from the briefing notice to submit the brief.
Depending on your circumstances, a written brief provides legal arguments, evidence presentation, procedural challenges, requested relief, and supporting documents. A written brief is vital to your appeal and requires a deep knowledge of immigration law that an experienced immigration lawyer offers.
- Legal arguments explain why the original ruling was incorrect, outline legal errors in the initial decision, and cite specific immigration laws and precedents.
- Evidence presentation summarizes critical evidence that has been overlooked and highlights how the evidence supports the appeal.
- Procedural challenges demonstrate that due process was violated.
- Requested relief describes the desired outcome(s) of the appeal.
- Supporting documentation provides legal citations, affidavits, and expert testimony.
Step 3: Oral Argument
Our attorneys can advise if an oral argument should also be requested. Oral arguments are presented to a panel of three or more BIA judges and are only granted under exceptional circumstances.
For example, if your case has:
- A new legal question that has never been addressed
- Significant factual disputes
- Broad policy implications
Our attorneys will effectively present your oral argument to offer the best chance of reversing the deportation ruling.
Step 4: Wait for a Decision
The Board of Immigration Appeals will review your written documents and make a decision. The timeline for receiving a decision varies greatly depending on your case’s complexity. A decision can take anywhere from six months to several years.
If the appeal is granted, your deportation is halted.
If the appeal is denied, an attorney can advise you if there continues to be legal grounds to fight your deportation. Options include:
- Bringing your case to the Federal Court of Appeals for further review
- Petitioning the Supreme Court
- Filing a motion to reopen the case with the BIA to reconsider the ruling
Asylum Deportation Appeal
Appealing deportation based on asylum involves the steps outlined above and proving the risks of returning to your home country. Our attorneys will help you demonstrate there is credible fear that returning will result in your persecution due to race, religion, nationality, political views, or social group membership. We will passionately fight to protect you and your right to safety.
Stay of Deportation Order
A stay of deportation is another avenue to explore that can be pursued during the deportation appeals process. A U.S. Immigration and Customs Enforcement (ICE) deportation suspension is a legal mechanism that halts the deportation proceedings.
There are several circumstances under which to pursue a stay of deportation, including:
- Pending appeal
- Humanitarian considerations
- Medical emergencies
- Ongoing legal proceedings
- Risk of persecution in your home country
The first step is to file Form I-246, Application for Stay of Deportation or Removal with ICE, which requires payment of a fee. Our immigration lawyers will guide you through the stay-of-deportation process if your situation warrants it.
Avoiding Deportation in the U.S.
The deportation appeal success rate is only about 20%, but the chance of success is greatly enhanced by hiring an immigration lawyer for the appeal. Time is of the essence; do not wait to contact Scott D. Pollock & Associates, P.C. if you face deportation.
We will vigorously appeal your deportation order using our vast knowledge of ever-changing immigration law. We are committed to protecting and advocating for our clients during this intensive, time-sensitive, fast-moving process. Hiring an immigration lawyer for appeal is crucial to avoiding deportation.
