In the event that you have challenged an adverse immigration decision by filing an appeal with the Board of Immigration Appeals (BIA), and the BIA has affirmed the adverse decision, you may still be able file a petition for review in the United States Court of Appeals. While you must file the petition within 30 days of the issuance of the BIA’s decision, if your deportation situation involves a shorter period of time for voluntary departure, your petition should be filed before that time period expires.
Unlike the BIA appeals process, the filing of a petition for review with a U.S. Circuit Court of Appeals does not result in an automatic stay of a removal order. This means that U.S. Immigration and Customs Enforcement (ICE) could take action to deport you from the U.S. while your appeal is pending. In an effort to prevent this from happening, you will need to request that the BIA or an immigration judge issue a stay of removal. If you are facing this type of situation, you should consult a knowledgeable Baltimore criminal immigration attorney at our firm to advise you throughout all stages of the appeals process.
In addition to BIA decisions, the federal courts have limited jurisdiction to hear other types of immigration matters. For instance, certain adverse decisions of the Administrative Appeals Office (AAO) may be challenged in the federal district courts. The district courts may also handle various other immigration cases, including unreasonable delays in the adjudication of a petition or application as well as the denial of applications for naturalization.
In situations where the U.S. government has failed to take action on a petition or application for immigration benefits for an unreasonable period time, a Baltimore criminal immigration attorney at our firm can request that a federal district judge issue a writ of mandamus to compel the governmental agency to promptly adjudicate the matter.
If you have challenged an adverse immigration decision and the BIA or AAO has affirmed the decision, our firm can help. Our team of experienced immigration attorneys will carefully review your case to identify the legal options available to you. We understand that you are dealing with a difficult situation and we are committed to providing you with strong legal representation.
Our full-service immigration law firm is equipped with the skills and resources necessary to handle immigration appeals in the federal court system. We have an extensive understanding of the complex body of laws governing immigration, as well as strong familiarity with the operations of the U.S. immigration system. Our legal team uses this knowledge to develop strategies that help our clients overcome serious obstacles and achieve their immigration goals.
At Miranda & Weisman, our clients always come first. We are highly responsive and believe in taking all of the time necessary to understand our clients’ needs and concerns. Our legal professionals have first-hand knowledge of the many challenges involved in immigrating to the United States. We, along with many of our friends and family members, are immigrants and know how difficult the U.S. immigration process can be.
We understand your frustrations and want to help you move past them to achieve a successful outcome in your case.
If you have questions about filing an appeal in federal court or would like to learn more about how we can assist with all types of immigration matters, contact a Baltimore criminal immigration attorney at our firm today by calling 410-321-4994.