It takes an average of 6 months to resolve a deportation appeal, but it can take years for the court to reach a decision. If you have not yet started your appeal process, you may use Form 42A or Form 42B to apply for cancellation of removal.
Do not face these complex procedures alone. At Urbina Immigration Law we can help you. With our extensive professional experience we can guide you through the process and fight for your rights. Contact us to receive the legal defense you deserve.
Table of Contents
What is an Immigration Appeal?
An immigration or deportation appeal is a legal process that allows a person to challenge an adverse decision made by USCIS regarding his or her case. The appeal is filed with a higher authority in order to request a review and possible reversal of the original decision.
How long does it take to resolve an Appeal?
The resolution of a deportation appeal by a court of appeals generally takes an average of 6 months, but this can be expedited or delayed depending on the complexity of your case.
On the other hand, it is also important to note that the length of delay in resolving a deportation appeal is not an indicator of the decision that the court may make on the matter, so a delay does not necessarily imply an unfavorable decision.
Types of Deportation Appeals
There are different types of deportation appeals depending on the court you are appealing to, your immigration status and the specifics of your case. These are:
- Appeal to the BIA: If you receive an unfavorable decision from an immigration court, you may appeal to the BIA within 30 days of the decision.
- Appeal to the U.S. Circuit Court of Appeals: This court reviews final orders of removal only if the alien has exhausted all available administrative remedies. Please note that adverse decisions of the BIA may be reviewed by this court.
- Criminal Aliens: Certain criminal aliens with criminal deportation orders may also file an appeal. However, this depends on the crime they have committed and whether they can obtain an immigration waiver.
- Habeas Corpus: This is a type of deportation appeal used to help immigrants who have been detained for an excessive amount of time while their cases are pending.
- Writ of Mandamus: This type of deportation appeal is used to help immigrants whose cases are being held up by USCIS.
- Administrative Procedure Acts (APA): This type of deportation allows for challenges to USCIS actions deemed arbitrary.
Do not face a deportation appeal alone. At Urbina Immigration Law we can help you. Our services of cancellation of removal offer the support you need to fight for your future. Contact us today and secure your stay in the country you have chosen as your home.
Documents required for a Deportation Appeal
Generally, to file a deportation appeal, it is necessary to use Form I-290B. Form I-290B (Notice of Appeal or Motion). However, there are exceptions in the following appeals of decisions:
- In the case of an appeal of deportation by alien relative petition (Form I-130) or other appeals before the BIA, you must file Form EOIR-29. Form EOIR-29 (Notice of Appeal to the Board of Deportation Appeals from an Immigration Officer’s Decision). This must be filed with the office that made the decision on the petition.
- For an appeal of deportation for an application for naturalization (Form N-400), you must use Form N-336 (Request for Hearing on Decision in Naturalization Proceedings under Immigration and Nationality Law).
- In the case of applications for special immigrant workers, legalization and cancellation of temporary resident status, you must use Form I-694 (Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act).
Where should I file a Deportation Appeal?
Filing a deportation appeal in the United States is done with the following authorities:
- The Board of Appeals on Deportation (BIA).
- USCIS Administrative Appeals Office (AAO)
- The Court of Federal Appeals.
Where you should file your deportation appeal will depend on your specific case and the immigration agency involved in the original decision. We recommend that you visit the USCIS website to find out exactly where to file your deportation appeal.
How to file a Deportation Appeal?
Know the deadline
It is essential to familiarize yourself with the deadline for filing an immigration appeal. While the time period is generally 30 days after the decision is made, it may vary depending on the type of case and the immigration agency involved.
Obtain the right form
Find the appropriate immigration appeal form for your case. You can find these forms on the official website of the appropriate immigration agency, such as the Board of Immigration Appeals (BIA) or the federal court of appeals.
Complete the form
Fill out the appeal form with the required information. Be sure to provide accurate and clear data, and include all relevant details related to your case.
Prepare a legal statement
Draft a detailed legal statement explaining the grounds for your appeal, with clear arguments supported by the law and available evidence. In this instance it is advisable to seek professional legal advice to help you present a strong and convincing statement.
Collect evidence
Gather all relevant evidence to support your appeal. This may include, but is not limited to, witnesses, medical records and letters of support. Be sure to present solid, verifiable evidence to support your arguments.
Verification of payment of fees
Check if it is necessary to pay the corresponding fees for filing the appeal. Some appeals may require a fee for processing.
Filing the Notice of Appeal
Once you have gathered all the documentation and prepared your statement, send the notice of immigration appeal to the appropriate agency making sure to follow the specific filing instructions and include all required documents.
At Urbina Immigration Law we can help you. Our services of cancellation of removal offer the support you need to fight for your future. Contact us today and secure your stay in the country you have chosen as your home.
How long do I have to file a Deportation Appeal?
Generally, the time to file a deportation appeal is 30 days after the date of the decision (and not the date the decision is received). However, some cases have a shorter period of time. For example, revocation of approval is subject to a maximum of 15 days after the agency’s decision.
Other factors to consider are:
– That there are no extensions to this deadline.
– If the decision is mailed to you, you will be given 3 additional days to file your immigration appeal(33 days for denials and 18 days for revocations, respectively).
What happens if my Appeal for Deportation is denied or dismissed?
If your deportation appeal to the BIA or AAO is denied, you may be able to file another appeal if the original decision is appealable. To do so, you must apply to the Court of Appeals for the Federal Circuit that has jurisdiction over the Deportation Court that made the original decision.
How many times can a case be appealed?
Whether or not a deportation appeal can be filed in a given case depends on many factors. However, most of the timeit is possible to appeal to the court above the court that issued the decision on your case, although there are exceptional situations in which the Supreme Court may intervene.
What types of decisions can be appealed to the BIA?
Matters that may be reviewed by the BIA include the following:
– Asylum in the United States.
– Withholding of expulsion.
– Removal orders (with some limitations on voluntary departure from the United States).
– Motions to reopen and reconsider previous decisions.
– Denial of parole or immigration bonds.
– Exclusion of applicants for admission to the United States.
– Applications for adjustment of status of alien relatives for the issuance of preferential immigrant visas.
On the other hand, the BIA may also review deportation appeals of DHS decisions regarding:
– Waivers or immigration waivers.
– Administrative fines and penalties.
– Family-based immigrant petitions.
What are motions to reopen and motions to reconsider?
A motion to reopen is a request filed with the USCIS office that issued an unfavorable decision to request a review of that decision. This motion is based on new or amended-facts supported by affidavits and other documentation.
A motion to reconsider is a petition filed with the office that issued an unfavorable decision, requesting that the decision be reviewed due to an incorrect application of policy or law.
File your Deportation Appeal with a professional attorney.
Start fighting for your right to a better future with Urbina Immigration Law by your side. Our team of experienced attorneys specializes in cancellation of removal cases and can help you through the entire removal appeal process by providing you with personalized guidance and strong representation.
The U.S. immigration system can be extremely complex and navigating it can be overwhelming at times. But you are not alone – let us guide you to a better future. With our experience, you can rest assured that your rights will be protected. Take the first step to secure your stay in the U.S. Contact our offices today and let’s work together to build a better tomorrow.
Sources
USCIS – I-290B, Notice of Appeal or Motion
USCIS – Questions & Answers: Appeals & Motions
Other articles that may interest you
What to do if I have a deportation order?
Can a deportation order be removed? Everything you need to know about cancellation of deportation
What is a Migratory Waiver and how should I apply for it?
How to Apply for Voluntary Departure: Steps, Benefits and Requirements
Penalty for Voluntary Departure: Advantages and Disadvantages
Can I arrange papers if I have a voluntary departure in the U.S.?
10-Year Law in the USA: What is it about and how can it help me?
