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Appeal a Deportation Ruling

Heartland Immigration's deportation attorneys can help you appeal an improper order of deportation by an immigration judge. You do not have to accept the fate of being torn from your family and community lying down – our immigration lawyers can support you in your effort to assert your rights. While success of course cannot be guaranteed, and sometimes it is clear that chances for success on appeal will be minimal, other times a glimmer of hope is all that is needed to put together a convincing case that will reverse your deportation order. Immigration judges are overworked and under-resourced, contributing sometimes to mistakes in applying the immigration laws to individual cases. When that happens, Heartland Immigration is ready to step in and defend you.

How does the appeals process work?

Appeals to the Bureau of Immigration Appeals

A person who has been ordered deported has 30 days to appeal to the Board of Immigration Appeals (BIA). This is done by lodging Form EOIR-26 with the BIA. The BIA generally does not hear oral argument, and does not hold any kind of further hearings. Appeals are normally decided based on briefs filed by the person who has been ordered deported and by the other side, the U.S. government. Some decisions by the BIA can be appealed to a U.S. circuit court (a federal court that is not part of the immigration court system). These appeals must be made within 30 days of the BIA's decision. The U.S. district courts can in some cases offer relief from actions (or inactions) by the immigration authorities with respect to an individual.

Motion to Reopen or Reconsider

In addition to filing an appeal with the BIA of an immigration judge's decision, a person can in some cases get relief by filing with the immigration court a motion to reopen or a motion to reconsider. A motion to reopen asks the judge to open up the case where new evidence or information has come to light after the deportation decision was made. A motion to reopen must normally be filed within 90 days of the immigration judge's final order in the case.

A motion to reconsider, on the other hand, alleges an error in law or fact was made by the immigration judge, or identifies a change to the law that affects a prior decision. It asks the immigration judge to reexamine ruling in light of the alleged error or change in law. This motion does not seek to introduce new facts or evidence, but rather is based on the existing record. A motion to reconsider must be filed within 30 days of the immigration judge's final order.

Give us a call today to learn more about how we can help you get a K-1 fiancé visa:

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