What are grounds for appeal? If you're keen to find out whether you have sufficient grounds to appeal a decision from an immigration judge and should submit an appeal to the BIA, the Board of Immigration Appeals, simply continue reading. As you can't submit an appeal simply because you disagree with your immigration judge's verdict to give you a deportation order. Instead, you'll need proper legal grounds for your appeal to be processed. If you do find that you have sufficient grounds to lodge an appeal, it's in your best interests to file an appeal as soon as possible. As your window to lodge an appeal is limited.
Grounds For Appeal In The United States
Having A Dispute About The Judge's Interpretation Of Key Facts
You'll have a legal right to appeal your deportation order if you believe that the presiding judge interpreted a key fact or numerous facts which you presented, incorrectly. If you decide to send an appeal to the Board of Immigration Appeals, you'll need to cite the exact facts from your court hearing that you would like the Board of Immigration Appeals to take a look at. If they determine that you're right and the judge did misinterpret the facts which you cited, it's likely that the BIA will choose to rule in your favor.
The Judge's Ruling Was Not In Line With The Current Immigration Laws
Another reason why you may have sufficient grounds for appeal is if you can prove that the presiding judge's ruling was not in line with current immigration laws. In this scenario, you'll need to identify the exact immigration law or laws that the judge ignored. As well as text on how the immigration law or laws which you have cited directly rate to your immigration case and should change the outcome of your immigration case.
It's well worth having an immigration attorney check if there have been any recent changes to immigration laws, that could convince the BIA agent who processes your appeal that your judge made an incorrect ruling.
It Can Be Proven That There Are Discrepancies In How Judges Deal With Similar Cases
If you can prove that other immigration judges have chosen not to deport defendants who were accused of the same violations as you, it's also possible to make a formal appeal to the Board of Immigration Appeals. However, do keep in mind that you'll need to provide specifics from both your immigration case and the immigration cases which you'd like compared to your case, in order to have sufficient grounds for an appeal.
As an example, if you are a green card holder and broke a minor law that is usually not grounds for deportation and is not classed as an aggravated crime and your immigration hands you a deportation notice, you may be able to reverse your judge's decision. Especially if you can prove that other judges chose to acquit individuals who were ordered to attend an immigration hearing for the same crime.
If you plan to take this route, it's a wise move to hire an experienced immigration attorney, so that they will be able to assist you with finding cases similar to yours which can be compared with your case. Especially as trying to find cases that have similar circumstances to your own, can be an extremely difficult process if you're not an attorney. As in the US, every defendant has the right to a fair hearing and an immigration judge should never decide the outcome of a hearing before it has taken place.
Your Judge Has A Reputation For Issuing A High Rate Of Deportation Notices
If you hire an immigration attorney, they'll be able to conduct a bit of research in order to find out whether or not your immigration judge gives out an unusually high percentage of deportation notices. As if they hand the vast majority of defendants who enter their court with deportation notices, you'll have a legal right to appeal to the BIA (Board Of Immigration Appeals).
The Procedures Of Having The BIA Process An Immigration Appeal
You'll need to ensure that the Board of Immigration Appeals headquarters receives your appeal within 30 days of the date when your deportation order was formally issued. As if you wait till after this date, your appeal will be automatically rejected and you will be forced to comply with your deportation order.
Usually, a single member of the BIA will process your appeal and will go through the points which you made in your appeal and the supplementary evidence and laws which you have cited. However, in some circumstances, a panel of three members of the Board of Immigration Appeals may judge your appeal. Usually, three members of the BIA will process your appeal if you have accused your judge of not basing their decision on applicable immigration laws.
Do keep in mind that it can take well over 6 months to receive news back from the Board of Immigration Appeals. In fact, depending on how busy the BIA is, it may take over 12 months to hear whether or not your appeal has been successful. However, there's no need to be concerned about being deported to your country of origin as you can apply for an extension of your deportation order, in order to remain in the country until the conclusion of your case.
Also, keep in mind that if you receive less than positive news from the Board of Immigration Appeals, you'll be able to submit a new appeal to the Federal Circuit. Who may choose to overrule the decision which you received from the BIA.
If you find yourself in any of the circumstances above, rest assured that you will have sufficient cause to submit an appeal to the Board of Immigration Appeals. If you're ready to start your appeal process, get in touch with a highly rated immigration attorney who will help you prepare your grounds for appeal. Just be sure that the BIA receives your appeal and your fees, within your 30-day time limit.