If you have already submitted a deportationappeal to the Board of Immigration Appeals in order to try and overturn adeportation order, you may be preparing to submit an appeal to the FederalCircuit. As the Federal Circuit has the power to cancel deportation orders. Ifyou’re curious about how long a Federal Circuit appeal will take, simplycontinue reading. Especially if you’re seeking asylum in the United States andgenuinely fear for your safety and the safety of your family members if youwere to be deported back to your country of origin. As if your primaryintention is to safeguard your safety, it is well worth lodging another appealin order to try and stay in the United States.
How Long Does A Federal Circuit Appeal Take?
It’s important to consider that the FederalCircuit is composed of 13 different circuits and the estimated time that itshould take the Federal Circuit to either approve or deny your appeal, willdepend on which circuit your appeal is submitted to. As some circuits are busierthan others and have a backlog of appeals to deal with. Keep in mind that thecircuit that your appeal will be sent to, will depend on the state in whichyour immigration hearing took place. Unfortunately, you won’t be able tohandpick the circuit, which your appeal will be sent to. So if you assumed youcould send your appeal to the circuit that had the least demand, think again.
In general, a Federal Circuit appeal willtake several months and in many cases, it can take 8-12 months to wait for aresolution. So don’t be surprised if you don’t hear back from the FederalCircuit for six months after you’ve submitted your formal appeal. Depending onthe circuit which receives your appeal, it may even take over 12 months toreach a conclusion. This is why it is of paramount importance to apply for astay of removal if you plan to fight your deportation further and to submit anappeal to the Federal Circuit.
The Importance Of Requesting A Stay Of Removal
While you won’t need to worry about beingdeported when you file an appeal with the Board of Immigration Appeals as youwill be permitted to wait in the United States until there is a resolution, youcan be deported while you’re waiting for a verdict from the Federal Circuit.For this reason, it’s critical to request a stay of removal, to ensure thatyou’ll be able to remain in the United States until the Federal Circuit hasreached a conclusion.
Keep in mind that your stay of removal maybe rejected, in which case there is a chance that you will be deported beforethe Federal Circuit has processed your appeal. As if your stay of removal isrejected, it’s likely that you’ll immediately be deported back to your countryof citizenship. In order to avoid having your stay of removal applicationrejected, it’s important to have an immigration attorney process your stay ofapplication for you. As they’ll be able to ensure that you have all theinformation which you need in order to present a convincing argument that youshould be allowed to remain in the country for the duration of your Federal Circuit appeal.
Before Appealing To The Federal Circuit
If you have just received a deportationorder at the end of your merits hearing, your next step to avoid deportationshould not be to appeal to the Federal Circuit. As you can’t skip a step in theappeals process. Instead, you’ll either need to appeal to reopen your currentimmigration case if new evidence comes to light that may change the judge’sdecision to deport you. Or if you don’t wish to present new evidence it’s awiser idea to submit your first appeal to the Board of Immigration Appeals.Only if the Board of Immigration Appeals which is also known by the shorteracronym BIA denies your appeal, should you work on submitting an appeal to theFederal Circuit.
Submitting an appeal to the Board ofImmigration Appeals is a much simpler process than submitting an appeal to theFederal Circuit. In fact, if you confirm your desire to appeal the judge’sdecision on the day of your merits hearing, you’ll automatically be granted adeportation extension. So you won’t have to worry about applying for a stay ofremoval. Like you’ll need to if you choose to appeal to the Federal Circuit.
If you’re curious about how long it takesthe Board of Immigration Appeals to look over all the documentation in anappeal, the answer is that while the BIA claims that many cases are solvedwithin 180 days in practice it normally takes the BIA 8-18 months to reach averdict on an immigration appeal. This means that if you appeal to the Board ofImmigration Appeals and then the Federal Circuit it could realistically take upto two years to reach a conclusion.
In Case That Your Appeal Fails
If your appeal to the Federal Court isunsuccessful, you may want to talk to your attorney about whether it’s worthappealing to the Supreme Court or accepting your deportation order. As it ispossible to appeal to the Supreme Court, especially if you’re looking to claimaslyum in the US.
If you have the means to hire a talented,experienced immigration attorney, it’s in your best interests to do so as theprocess to appeal your deportation order can be a lengthy process. A processthat will take months and can realistically take between 1-2 years. Dependingon the number of appeals which you make. By hiring an immigration attorneyyou’ll be able to take the guesswork out of filing each of your appeals and youmay be able to get your appeal to the Board of Immigration Appeals approved sothat you don’t have to go through the lengthy process of making an appeal tothe Federal Circuit.