Providing Assistance For Federal Immigration Appeals
Sometimes, your immigration case does not turn out the way you want. Unfortunately, this can and does happen to countless immigrants across the country. However, depending on your circumstances, you may be able to bring your case to a federal appeals court, where judges will review your case’s original outcome.
At Arias Villa Law, I have helped countless immigrants go through the federal appeals process and always provide them with clear, honest and realistic expectations for my clients.
How Federal Immigration Appeals Work
The United States Circuit Courts of Appeals hear appeals from the district courts as well as appeals from decisions of federal administrative agencies. The immigration courts and the Board of Immigration Appeals (BIA) are federal administrative agencies. Therefore, the Circuit courts have jurisdiction over specific immigration appeals. In the United States, there are 93 judicial districts organized into 12 regional circuits. For instance, Florida and Georgia are part of the 11th Circuit Court of Appeals. California is part of the 9th Circuit Court of Appeals. New York is part of the 2nd Circuit Court of Appeals, just to mention a few.
Once an immigrant’s case is decided by the U.S. Citizenship and Immigration Services (USCIS), it may be referred to an immigration court for removal proceedings. If the immigrant loses his case before the immigration court, they may appeal before the BIA.
Learn more by visiting our Deportation and Board of Immigration Appeals pages.
If the BIA appeal is adverse to the immigrant and there is a proper judicial basis for a federal request, the immigrant may file an appeal before the Circuit Court of Appeals, where the immigration court that decided their case is located. For example, if the immigration court in Miami decided the immigrant’s case, the court of appeals where the immigrant may file their federal appeal would be the 11th Circuit Court of Appeals. If a California immigration court decides the case, the appeal must be filed before the 9th Circuit Court of Appeals. A federal immigration appeal can only be filed 30 days after the BIA’s decision is rendered. If the appeal is not filed within these 30 days, the immigrant loses their right to file a federal appeal.
If an immigrant files a timely federal appeal and wins, the case is remanded to the BIA for further processing. Conversely, if the immigrant loses his federal appeal, their last recourse would be a petition for certiorari before the United States Supreme Court. Yet, most immigration cases do not have standing for certiorari. Very few immigration cases have been certified for review by the United States Supreme Court. Thus, it is fair to say that, in most cases, the federal appeal is the last judicial recourse for an immigration case.
Get Help From An Experienced Immigration Lawyer
I represent clients in all types of federal appeals cases. I have successfully filed appeals before the 11th and 9th Circuit Courts of Appeals. I am also admitted as a practicing counsel by the 11th Circuit Court of Appeals. Federal appeals are a very technical process that requires experience and knowledge of the appeal procedure rules. I have the knowledge and expertise for these federal appeals. Yet, immigrants must remember that not all immigration cases may be appealed before the federal circuit courts.
As an attorney, I will analyze your case and determine if a federal appeal is possible. Contact my Miami office today by calling 305-233-3110. Or, you can email Arias Villa Law by filling out our contact form.