When an immigration judge issues you a deportation order, it can be very frightening. However, you have the right to appeal the judge’s decision if you think the judge made an error in your case. Filing an appeal in deportation defense is a very complicated and complex process. That is why it is highly recommended that you find an experienced and knowledgeable deportation attorney to represent you.
When you file an appeal in deportation defense, the appeal is sent to the Board of Immigration Appeals. The Board of Immigration Appeals (BIA or Board for short) is the highest administrative body for deciding and interpreting immigration law in the United States. The BIA does not conduct deportation defense hearings, but instead makes a decision based upon written arguments and documentation. Sometimes the BIA will hear oral arguments in a complex case.
The first step of filing an appeal in deportation defense is to file the Notice of Appeal. This is a special form that you file with the BIA to place the Board, the deportation judge, and the attorney for the government on notice that you are appealing the deportation judge’s decision. The Notice of Appeal must be filed with the BIA no more than 30 days after the deportation judge issues the decision in your case.
Once the BIA has received your Notice of Appeal it will send you a transcript of your deportation defense hearings and a briefing schedule. This briefing schedule will set the deadlines for you and the government attorneys to submit additional arguments and documentation in your appeal to the BIA.
Once the BIA has received all of your written arguments and all of the written arguments from the government attorneys, it will take time to review your case and issue a decision. If the BIA finds that the deportation judge did not make a mistake in your case, then the decision of the deportation judge stands. If the BIA finds that the deportation judge did make an error in your case, your case will be referred back to the deportation judge to correct the mistakes and render a new decision. This can often result in a deportation order against you being vacated.
If you or a loved one is caught in deportation proceedings it is very important that you find the right deportation attorney to represent you. The deportation attorneys at Vanderwall Immigration fight for your rights. We work hard to provide you with the best opportunities to stay with your loved ones in the United States. Call us at 503-206-8414 for an immigration consultation with a deportation attorney. Know your rights and fight for your family.