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How Do I File an Immigration Appeal?
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If your visa has been denied or you’re facing deportation, you may be able to appeal the decision. There are many types of immigration appeals.
The type of appeal that’s best for you depends on your visa type, whether your immigration status is valid, if you’re detained in immigration detention, and the general circumstances of your case.
Immigration appeals cases are usually time sensitive. If you’re thinking about appealing a recent immigration status decision, it’s in your best interest to contact an experienced Phoenix immigration appeals lawyer as soon as possible.
Our team of immigration attorneys has a deep understanding of the appellate immigration process. We take our time to understand your situation, concerns, and unique circumstances of your case so we can mount a solid appeal.
Understanding the Types of Immigration Appeals
The U.S. immigration laws are complex. They span many agencies and departments. With that in mind, there are countless types of immigration appeals. However, the five most common immigration appeals include:
- Board of Immigration Appeals (BIA)
- Administrative Appeals Office (AAO)
- Criminal Alien Appeals
- U.S. Circuit Court of Appeals
- Motion to Reconsider or Motion to Reopen
Board of Immigration Appeals (BIA)
The BIA typically handles appeals cases involving removal orders, Form I-130 immigrant petition denials, bond adjudications, and more. For the most part, the BIA rarely hears oral arguments. Instead, they focus on written briefs to reach a decision on your appeal. It’s important to note that you must file an appeal with the BIA within 30 days of your immigration case decision.
Administrative Appeals Office (AAO)
The AAO handles immigration appeals regarding immigrant petition denials and applications. Generally, the AAO hears the following types of cases:
- Employment-based visas
- Investment-based visas
- Application status adjustments
- Temporary petitions to perform work or undergo training
- Temporary protected status applications
Like appealing to the BIA, a person must submit a Notice of Appeal within 30 days of their immigration decision.
Criminal Alien Appeals
If you are a non-citizen and convicted of a crime in the U.S., you could face removal proceedings and, potentially, deportation. With that in mind, our Phoenix immigration attorneys also handle alien criminal appeals to help our clients avoid the negative consequences of a conviction.
U.S. Circuit Court of Appeals
If the BIA affirms your immigration decision, you can still take your appeal to the next and final level; the United States Court of Appeals for the Ninth Circuit. It typically hears cases regarding removal appeals. You must file an appeal within 30 days of a final denial.
Other Immigration Actions Related to Appeals
Filing an immigration appeal in Phoenix is not the only option available if you need the courts to take another look at your case. Learn more below about additional options available to you, depending on your circumstances.
Motion to Reconsider or Motion to Reopen
Motions to reconsider or reopen your immigration case are not “appeals” in the traditional sense. Rather, they’re alternatives to the appeals process. A Motion to Reconsider is essentially a formal request for an immigration agency to rethink its decision. It must be filed within 30 days of the original denial.
On the other hand, you may file a Motion to Reopen if new facts or circumstances have arisen after the original decision. To file a Motion to Reopen, you must establish that the initial ruling was not based on the correct application of immigration laws.
Additionally, you must show that the court’s decision was incorrect based on the evidence you presented during the case.
APA, Mandamus, & Habeas Corpus
These types of actions are heard in the U.S. District Court of the district where the person resides. Learn about each action below.
- APA Actions: The Administrative Procedure Act allows you to challenge an immigration agency’s specific actions if they render a decision against the law or don’t consider all facts of the case.
- Habeas Corpus Actions: Immigrants who have been detained indefinitely or excessively in immigration detention can file a habeas corpus action. This action helps to ensure that an immigrant’s case is heard and they are not illegally detained.
- Mandamus Actions: Your Phoenix immigration lawyer may file a mandamus action if your case has been excessively delayed by one of the immigration agencies (typically USCIS).
Whether you are filing a motion, action, or immigration appeal in Phoenix, it can be a complex matter. Contact Best Immigration Lawyer in Phoenix to discuss your case and legal options today.