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Appeals
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There are many battles you have fought in your life and they brought you here, to the United States. May be your marriage or citizenship interview did not go so well, or you lost a petition for relief as an abused spouse, or perhaps there were some issues in your work-related petition, or you did not like its outcome. You decided to file an appeal with the Board of Immigration Appeals. If you have not had a lawyer up to now, you should talk to one without much further delay. Usually, you have thirty days or less to preserve the right to continue your battle. If you had a lawyer and have been satisfied by his or her overall performance, then stay with that lawyer. But if you developed mistrust towards your present lawyer or blame him or her for the unfavorable outcome, get another lawyer right away.
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In most cases, with or without the help of a lawyer, you have made a claim for political asylum and it has been denied. At first, you alone or together with your lawyer made your claim before an immigration officer at an asylum office in your area. For some reason, you received a referral to an immigration court where the process seemed to start anew, ending with the same unsatisfactory and negative result. Finally, after months or years of work on your case, the immigration judge issues a decision denying your claim, often because of insufficient evidence, and hands you a written decision stating that you have thirty days to depart to your home country. You are stunned, you have established roots here, you have a right to work and a job, you have an apartment, your kids go to school, and some of them may have been born here while your claim for political asylum was under consideration. Most importantly, you have no place to go back and face the same hardships you managed to escape from. Are you going to give up? I do not think so.
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At this point, you must file a Notice of Appeal with the Board
of Immigration Appeals (BIA) in Virginia within thirty days of the
receipt of your written decision from the immigration judge who
denied your claim. In fact, they must receive your notice of appeal
within thirty days and the Board encourages use of overnight couriers
like FEDEX. If you did not have a lawyer by now, now is the time
to obtain a lawyer's assistance. You may be used to medicating yourself
against a common cold but you would not perform surgery on your
own body. If you have so far been represented by a lawyer, consider
a second opinion from a lawyer who specializes in appellate practice
even if it is only for a second opinion. Why? Because sometimes
it may be your own lawyers fault that your case was denied but he
or she will not admit it.
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If you have established a good working relationship with the lawyer who filed your petition or argued your case before an Immigration Judge, then by all means, you should continue that relationship. If you were sincere and credible as a witness, adequately prepared for your testimony and have sufficient documentary proof (newspaper articles and translated letters and certificates) filed in your case and the immigration judge was wrong on the law or simply reached an adverse decision, then you should let your trusted lawyer continue your immigration battle (even if he or she will ask for more money). Most lawyers who regularly practice in immigration courts will be willing to undertake your appeal and will continue to represent you in the appellate process. However, if there is tension in the relationship or a degree of dissatisfaction, then you should at least get a second opinion and give serious consideration to your choices. If you suspect, that your lawyer bears a degree of responsibility for your loss, then you should get a new lawyer.
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Appellate review focuses on possible mistakes committed in your
case. Such mistakes may have been committed by the trial attorney,
the immigration judge, or even your own lawyer. Your new lawyer
will be able to argue all points on your behalf, including the shortcomings
of your old lawyer's representation of your claim. Appeals are expensive
to perfect and difficult to win. Yet, an appeal may be the only
way for you to remain in this country for the time being. In other
words, an appeal represents a chance to buy yourself a substantial
amount of time to consider other options or simply wait for a possible
favorable change in the immigration law. Practically speaking, you
do not have much of a choice. Do not let your desperation let you
down. Stay in regular contact with your appellate lawyer, participate
in developing the overall strategy of your appeal, and receive updates
on the progress of your case.
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There have been some recent changes in immigration appellate practice which resulted in many BIA decisions simply affirming the denial of your claim or agreeing with the negative decision of your immigration judge without a written opinion showing the logic of the denial. Once again, do not despair. There is a higher authority to the Board of Immigration Appeals which is called a Federal Circuit Court of Appeals and where you can file your Petition for Review within thirty days of the receipt of BIA decision. Federal Circuit Courts of Appeals are very high in the ranks of our judicial system and take these matters very seriously. The federal judges appointed to such courts by the President of the United States and confirmed by the Senate serve for life; they can not be fired. They realize the severity of deportation and the importance of reviewing your case carefully. They are completely and totally independent of immigration service. The same can not be said about the BIA judges or Immigration Judges who work for immigration service.
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In most cases, the Circuit Courts provide a final review of your claim and present a last opportunity to legalize your stay in the United States. Make sure that your lawyer is not only admitted to the Circuit Court of Appeals but also has experience in this Court. This is your last chance. Maximize it.
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Appeals
