Page 12 – Deportation Defense: Appeals
IMMIGRATION APPEALS ATTORNEY:
NATIONWIDE DEPORTATION DEFENSE
If You Lost Your Case At Immigration Court . . .
We Can Help You Fight Back
Like all human beings, judges make mistakes.
In your case, for example:
Was important evidence overlooked or ignored by the Immigration Judge?
Did the Judge fail to properly consider testimony from one of your witnesses?
Or was an immigration court rule or procedure used against you in an unfair manner?
If these types of errors took place, you have the right to challenge the Immigration Judge’s decision.
To do so, you usually need to file an appeal with the Board of Immigration Appeals. But immigration deportation appeals are no ordinary challenge.
You Must Win Your Immigration Appeal
Once you lose your case at Immigration Court, the government can remove you from the United States.
If you file a deportation appeal, doors remain temporarily open. The government will not take steps to deport you until your immigration appeal is over. Your hopes of living, working, and going to school in the United States remain alive.
The opportunity to become or remain a lawful permanent resident will close, perhaps forever, if you lose your appeal. So winning your immigration appeal could be your last chance to stay together with your family in the United States.
Deportation Appeals Are the Most Difficult Part of Immigration Law
Immigration Court appeals are a special type of deportation defense.
Helping clients in their appeals is the most challenging part of our deportation and removal defense services – and the most important for immigrants who have already lost their cases.
The Odds Are Against You – Especially BIA Appeals
Your Case Is Unique – Whether You Have a BIA Appeal, Ninth Circuit Appeal, or USCIS Appeal
Your immigration appeals attorney cannot afford to take a “one size fits all” cookie-cutter approach to your appeal.
Every immigration appeal is different. Whether your case begins in San Diego or San Bernardino, Escondido or Riverside . . . your immigration lawyer must take an open-minded approach to finding solutions which increase your chances for success.
All of your immigration appeals attorney’s decisions – from which pieces of evidence to highlight – to what aspects of the judge’s ruling to attack – are important to the final outcome of your appeal.
Immigration Appeals Are Highly Specialized
Few deportation appeals succeed without an immigration attorney who has a track record of handling appeals.
- Meet tight deadlines. Once you lose your case at Immigration Court, you have 30 days to file a Notice of Appeal. A few months later, you get a new deadline: your written appeal must be submitted in just 21 days. Your immigration lawyer must be ready to quickly act with thoroughness and accuracy.
- Understand appellate procedures. The Board of Immigration Appeals is allowed to make decisions on a “streamlined basis.” This means your immigration appeals lawyer has to get the facts and arguments in front of the appeals judge – and explain them clearly and persuasively the first time. There is no room for mistakes.
- Preserve options for higher appeals. If you lose your appeal with the Board of Immigration Appeals, you have the right to file an appeal with the Federal Court of Appeals, a higher court. You cannot afford errors on your BIA appeal – or you might damage your chance for a federal court appeal. Only 1 in 10 BIA appeals succeed. Your immigration attorney must preserve all your options.
Our Clients Realize Choosing the Right Immigration Lawyer for an Appeal Is Crucial
- Your immigration attorney’s location is not important. Immigration appeals presented to the Board of Immigration Appeals are almost always done entirely on paper. They are rarely made in person.
- We can work on your appeal whether you live in Sarasota or Seattle . . . Los Angeles or New York . . . or anywhere in the United States.
YOUR IMMIGRATION APPEAL: WHAT FACTORS ARE IMPORTANT FOR SUCCESS
Your Immigration Attorney’s Experience
Immigration deportation appeals usually require a challenge to the immigration judge’s legal reasoning – a claim that the judge has not interpreted the law correctly. Perhaps the judge ignored testimony or overlooked evidence that was important to your case.This evidence may have led to a different decision.
Carlos Batara has been specializing in immigration law and immigration court appeals for over 18 years. He has acquired an in-depth knowledge of immigration rules and procedures, deportation defense, and immigration trials throughout the United States.
| In 1987, at age 11, Miriam entered the U.S. under family unity provisions created by the Reagan Administration. She was allowed to live here while the government reviewed her application for lawful permanent residency. Her father was required to renew her status every two years until a final decision was made.
In 1995, Miriam’s father filed her papers about two weeks late. The government approved the extension. In 1996, she was granted lawful permanent resident status.
In 1998, Miriam was arrested for a minor offense. She was turned over to immigration agents and immediately scheduled for deportation hearings. Before calling our immigration law offices, her father and husband were told by other immigration attorneys that she did not qualify for any relief. They came to our San Diego office two hours before her hearing was scheduled to begin. We identified one – and only one – way to fight her deportation.
Under the new rules, the government argued, Miriam did not have seven years of lawful permanent resident status. We disputed the government’s position. We argued for an interpretation of the new law requiring seven years of lawful presence. Because the government allowed her to remain in the United States since 1987, we asserted her presence was lawful.
The Immigration Judge agreed with the government. The judge ordered her to be deported.
We filed an appeal. In 2006, eight years after the case started, Miriam won her appeal. |
Your Immigration Attorney’s Writing Skills
Your immigration deportation appeal will succeed or fail based on the documents prepared on your behalf. Your immigration appeals lawyer needs to write persuasively, reason analytically, and identify creative but logical interpretations of immigration regulations.
A Harvard Law School graduate, Carlos Batara developed these skills at one of the top law schools in the United States – where precise writing, rigorous logic, and insightful argumentation were emphasized.
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I was trained to analyze a case from all angles. I was told to successfully confront my opponent, I must learn to think like my opponent. As a lawyer, this ability has been a tremendous asset in helping clients. When I work on appeals, I go inside a judge’s brain and explore logical flaws in his or her reasoning.
Carlos Batara |
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Your Immigration Attorney’s Dedication and Commitment
Generally, an appeal takes three to four times as long to prepare as family and employment petitions.
Your immigration deportation lawyer must be highly motivated to stay with you through what can be a long, frustrating process. Defense against removal is complicated. Your removal appeals case could last several years.
When you or a loved one have lost your case and need to fight back . . .
