A denial in immigration court is not always the end of the road. If an immigration judge rules against you, you still have the right to appeal and fight for your future in the United States. At Abogada Vida, we stand with you through the appeals process, whether before the Board of Immigration Appeals (BIA) or in federal court, to protect your rights and give you every chance to continue your new vida in the U.S.
Appeals Before the Board of Immigration Appeals (BIA)
The BIA is the highest administrative body that reviews immigration judge decisions and certain Department of Homeland Security (DHS) rulings.
When you appeal to the BIA:
- You gain time. Once an appeal is filed, you cannot be deported while your case is pending.
- The BIA reviews the record. It does not usually take new evidence but examines the decision made by the immigration judge.
- Decisions can change outcomes. The BIA can affirm, reverse, or send your case back to the judge for further proceedings. Some of its rulings also become precedents that guide immigration courts nationwide.
Appeals to the Federal Courts
If the BIA issues an unfavorable decision, you may still have options in the U.S. federal courts. This is called judicial review, and it is usually limited to questions of law or constitutional rights.
- Timing is critical. A petition for review must be filed with the appropriate U.S. Court of Appeals within 30 days of the BIA’s decision.
- Federal courts provide oversight. They review whether the BIA properly applied the law and respected your constitutional rights.
- Circuit-specific rulings. Federal court decisions are binding only in their circuits, but they can still shape how immigration law is applied to your case.
Why Appeals Matter
Many immigrants win their cases on appeal after an initial denial. Appeals provide a second chance, and in some cases, the only chance, to remain in the United States legally. Having an experienced immigration attorney by your side is critical because the appeals process is technical, time-sensitive, and complex.
How Abogada Vida Helps
At Abogada Vida, we fight for our clients every step of the way. Our appeals services include:
- Reviewing your immigration judge’s decision for legal errors
- Preparing and filing timely appeals with the BIA or federal courts
- Crafting strong legal arguments supported by case law and precedent
- Advocating fiercely on your behalf before appellate bodies
- Keeping you informed and supported through every stage of the process
Do Not Give Up After a Denial
A loss in immigration court does not mean your journey is over. Appeals to the BIA and federal courts provide powerful opportunities to challenge unfair or incorrect decisions.
At Abogada Vida, we are ready to defend your future, protect your rights, and keep your new vida in the United States alive.
Contact us immediately if you or a loved one has received a denial and needs to appeal. Time is limited, and every day matters.
Disclaimer: The information provided here is for general informational purposes only and is not intended as legal advice. Immigration law is complex and constantly evolving. For advice tailored to your unique situation, please consult directly with our experienced attorney at Abogada Vida.
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