206 S Military Trail,
Deerfield Beach, FL 33442
Tel: 1-800-371-8022
Appellate Litigation
Chestnut Law Group often files and wins appeals in federal courts around the United States on a wide range of immigration matters.
When an application or petition is denied, your fight for immigration rights does not have to end there. At [Firm Name], our appellate immigration lawyers have the in-depth experience required to appeal adverse decisions and take your case all the way to the U.S. Supreme Court if necessary.
We routinely handle complex appeals regarding:
Appeals of Decisions Made by USCIS
If your petition or application was denied by U.S. Citizenship and Immigration Services (USCIS), we can evaluate the decision for legal errors. Where appropriate, we will craft a strong appeal and submit persuasive legal arguments to reverse an unfair or unlawful denial.
Appeals with the Board of Immigration Appeals (BIA)
Our attorneys frequently appear before the BIA when seeking to overturn orders of removal issued by immigration courts. We have the litigation skills needed to file compelling appellate briefs with the BIA. Where warranted, we also request oral arguments.
Appeals with U.S. Court of Appeals
We aggressively pursue judicial appeals of BIA decisions in the U.S. Circuit Courts of Appeal. Our proficiency with intricate immigration laws allows us to identify lower court mistakes and present compelling appellate challenges. We leave no stone unturned in advocating for you before the Circuit Courts.
Appeals to the U.S. Supreme Court
In rare cases where immigration appellants face deportation, detention or permanent bars from re-entry, we may petition the U.S. Supreme Court for review. Our lawyers are capable of navigating the complex certiorari process in immigration matters heard by the nation's highest court.
Frequently Asked Questions
When should I appeal a denial of my immigration application?
You should appeal if the denial seems legally incorrect, violates policy, relies on factual errors, or improperly interprets the law. With legal advice, you can identify grounds for appeal based on mistakes in the original decision. It is worth appealing even seemingly straightforward denials.
How long do I have to file an immigration appeal?
Deadlines vary, but generally you have 30-33 days to appeal to the Board of Immigration Appeals and 30-90 days to appeal to federal court. Prompt legal consultation is key, as missing filing deadlines can doom appeals regardless of merits.
What are the steps in appealing an immigration decision?
First, you must file a Notice of Appeal within the deadline and pay fees. Next, a written legal brief is submitted detailing alleged errors and arguing why the decision should be reversed. Finally, if requested, oral arguments are made before the appellate body. Experienced counsel is vital for prevailing through each step.
Can I provide new evidence as part of my immigration appeal?
Generally, new evidence can only be presented on appeal in very limited circumstances, such as newly discovered facts. The appellate body mainly reviews the official record from the original decision. Skilled attorneys use written and oral advocacy to reveal legal defects.
Is it worth hiring a lawyer for my immigration appeal?
Absolutely. Immigration appeals are complex and procedurally rigorous. Lawyers know how to craft persuasive arguments under tight deadlines, objectively evaluate your chances on appeal, and competently represent your interests before the appellate body. Avoid navigating the appeals process alone.
Can I still be deported if I have filed an immigration appeal?
Yes, filing an appeal does not automatically stop deportation. However, experienced attorneys can request an emergency stay of removal while your appeal is pending if you have strong grounds for relief. Time is of the essence when seeking a stay.
Don't Give Up - We Know How to Win Immigration Appeals
In some situations, we were able to prevent deportation. Our company has also submitted arguments in situations where our clients’ green card and citizenship applications were unnecessarily delayed. A federal appeal may be suitable if you need to have an asylum decision or visa refusal reviewed. We’ve tackled new challenges and made them work.