SHORSTEIN, LASNETSKI, & GIHON
criminal - immigration - personal injury
Offices: Jacksonville & Orlando
Shorstein, Lasnetski, & Gihon
If an Immigration Judge ordered you or a loved one removed or deported, an Immigration Lawyer can file an Immigration Appeal with the Board of Immigration Appeals (BIA). You only have thirty (30) days from the date of the Immigration Judge's decision to file an appeal. We can file your appeal no matter where you are located and no matter where your initial immigration case was decided.
When do I have to file the Immigration Appeal?
A Notice of Appeal from a Decision of an Immigration Judge (EOIR Form 26) must be received by:
- if the Immigration Judge enters an oral order:
- within 30 days of the oral decision
- if the Immigration Judge mails a written order (with no oral order):
- within thirty (30) days after the Immigration Judge's decision was mailed.
What is a Notice of Appeal?
A Notice of Appeal starts the appellate process. It must give specific details why you disagree with the Immigration Judge's decision. It should include the findings of fact and conclusions of law that you are challenging. The Notice of Appeal should include whether you intend to submit a legal brief, which should always be submitted. You should also request oral argument in the Notice of Appeal, if you would like to present the case in person. The BIA will only grant oral argument in certain circumstances.
What is a legal brief?
After the Notice of Appeal is filed with the Board of Immigration Appeals, the BIA will issue a scheduling order with deadlines to file briefs. A legal brief explains to the BIA what the factual and/or legal issues are, why the Immigration Judge made a mistake, and what legal authority there is for your argument. A well written, well researched legal brief is absolutely critical to the success of the overall appeal. Oral arguments are rarely granted by the BIA, so the legal brief is your only opportunity to advocate for your position.
A legal brief should include a statement of the facts, a procedural history of the case, citations to case law, and argument why the Immigration Judge made a mistake and why the BIA should reverse that decision.
Will I be deported while my appeal is pending?
If you do not waive your right to appeal before the Immigration Judge, there is an automatic stay during the 30 day period to file an Immigration Appeal. That means you will not be physically deported for at least 30 days, so you can file the appeal. Then, once the Notice of Appeal is filed and accepted, you can file a motion for a stay with the BIA and they have the authority to issue a stay that prevents your deportation during the time that the appeal is pending.
What is the Board of Immigration Appeals (BIA)?
The Board of Immigration Appeals is the highest administrative court. The BIA decides whether immigration judges made errors during immigration court proceedings and whether the case should be reversed or remanded (sent back down to the Immigration Judge). The BIA is located in Falls Church, Virginia. BIA cases are typically decided by one panel member and in some cases, three panel members. Some of their decisions are published and become binding law on Immigration Judges and all DHS officers throughout the country. The Attorney General has the authority to overrule the BIA.
Can I appeal the Board of Immigration Appeals decision?
A decision by the Board of Immigration Appeals can be appealed to the United States Circuit Court. Federal Circuit Courts are only outranked by the United States Supreme Court. Through the years, the various Circuit Courts have overturned BIA decisions and those Circuit Court decisions become binding law for everyone within that Circuit. There is no automatic stay when you file an appeal with the Circuit Court however, and you could be physically deported before or during the pendency of your appeal with the Circuit Court.
Shorstein, Lasnetski, & Gihon will file a Notice of Appeal on your behalf, obtain the record of proceedings from the deportation hearing, research the record and the applicable case law, draft a comprehensive legal brief, and file the appeal with the BIA.
Shorstein, Lasnetski, & Gihon
to talk to us about filing your immigration appeal.