Texas Immigration Appeals Attorneys

What Are Immigration Appeals?

Immigration appeals are legal requests to overturn an unfavorable decision in an immigration case. If your case was denied, you have the right to seek a second review from a higher authority. Appeals provide an opportunity to present stronger legal arguments, correct procedural errors, or introduce new evidence that was overlooked in the initial ruling.

Immigration appeals may be filed with one of the following authorities:

• The Administrative Appeals Office (AAO): Handles employment-based immigration cases, waivers, and other petitions.
• The Board of Immigration Appeals (BIA): Reviews deportation orders, bond hearings, and family-based immigration denials.
• The U.S. Circuit Court of Appeals: If both the AAO and BIA deny your appeal, this is often the last avenue for challenging a decision.

A well-prepared appeal can make a significant difference in the outcome of your case. Having a knowledgeable immigration attorney to guide you through the process can increase your chances of success.

Where to File an Immigration Appeal

Immigration Appeals Through The Administrative Appeals Office

The AAO deals with a variety of cases, including those involving:

• Most employment-based immigrant and nonimmigrant visa petitions (Forms I-129 and I-140)
• Immigrant petitions by alien entrepreneurs (Form I-526)
• Applications for Temporary Protected Status (TPS) (Form I-821)
• Fiancé(e) petitions (Form I-129F)
• Applications for waiver of ground of inadmissibility (Form I-601)
• Applications for permission to reapply for admission after deportation (Form I-212)
• Certain special immigrant visa petitions (Form I-360, except for Form I-360 widower appeals, which are appealable to the BIA)
• Orphan petitions and applications (Forms I-600 and I-600A)
• T and U visa applications and petitions (Forms I-914 and I-918) and the related adjustment of status applications
• Applications to preserve residence for naturalization purposes (Form N-470)
• ICE determinations that a surety bond has been breached

The AAO usually will not hear oral arguments. Instead, the office relies on written briefs to make decisions. Many attorneys have successfully won appeals through the AAO through compelling legal arguments in written briefs.

Immigration Appeals Through The Board Of Immigration Appeals

The BIA hears cases related to:

• Bond adjudication by immigration judges
• Removal (deportation) proceedings
• USCIS denials of I-130 immigrant petitions
• Form I-360 widower appeals

Similar to the AAO, the BIA mainly reviews written briefs and rarely holds oral hearings. Success at this level often comes from persuasive written submissions. If the BIA agrees with the initial judge's decision, it is still possible to take your case to the Circuit Court of Appeals with your attorney’s help.

Appealing To The U.S. Circuit Court Of Appeals

If a judge has turned down your petition and you have already tried appealing through the BIA, there is another step you can take. Your lawyer can ask the U.S. Circuit Court of Appeals to look over your case. For many cases, this court is the final chance for an appeal.

Filing an Immigration Appeal: Deadlines & Process

To appeal a decision, you must act quickly. Most immigration appeals must be filed within 30 days of receiving the denial. Some cases, such as revoked petitions, require filing within 15 days.

Steps to File an Immigration Appeal:

1. Identify the Correct Appeal Authority: Determine whether to appeal through the AAO, BIA, or Circuit Court based on your case type.
2. Prepare a Strong Legal Brief: Your appeal relies on written legal arguments, so your attorney must present compelling reasons why the decision should be overturned.
3. Gather Supporting Documentation: Ensure all relevant documents, evidence, and case records are included to strengthen your argument.
4. Submit Your Appeal on Time: Filing late can result in an automatic denial, so it is vital to act within the designated timeframe.
5. Work with an Experienced Immigration Attorney: Immigration appeals are complex, and success often depends on the quality of your legal representation. An experienced Dallas or Houston attorney can help build a strong case and improve your chances of winning.

What About Criminal Convictions?

In many cases, if an immigrant has been convicted of a crime, they might face the risk of deportation. However, there are still options your lawyer can explore to help you.

Your attorney might:

• Request the court to release you from detention
• Ask the Department of Homeland Security (DHS) to reconsider your case
• Attempt to stop the deportation process altogether

If the case proceeds and a judge orders you to leave the country, you are entitled to appeal that judge’s decision with the next higher authority. Your attorney in Dallas or Houston will work hard to explain the nuances of your case and fight for the best possible outcome.

Legal Actions That Can Help Your Case

If you are facing deportation or prolonged immigration detention, there are legal remedies available that may help protect your rights and improve your case outcome. Some of the most effective legal actions include:

• Mandamus Action: If your immigration case is stuck in processing delays, a mandamus lawsuit forces immigration agencies to act. This legal move compels USCIS or other agencies to process your application without further unreasonable delays.
• APA Action (Administrative Procedure Act): If an immigration agency has made an unfair decision or failed to follow proper legal procedures, you may challenge their ruling under the APA. This ensures that the agency applies immigration laws correctly and fairly.
• Habeas Corpus Petition: If you or a loved one is being unlawfully detained by immigration authorities, a habeas corpus petition can request their release. This is often used to challenge prolonged detention without due process.

Each of these legal tools can be powerful in ensuring that your immigration appeal in Dallas or Houston moves forward efficiently and is handled fairly. Our attorneys at Davis & Associates can assess your case and determine the best strategy for your situation.

Motions vs. Appeals: What’s the Difference?

If you disagree with a judge’s decision, you have two additional legal remedies besides filing an appeal. These motions allow you to request the same judge to reevaluate the case under specific circumstances:

• Motion to Reconsider (file within 30 days): This motion is used when there is a legal or procedural error in the judge’s decision. It argues that the ruling was incorrect based on existing immigration law or policy at the time of the decision.
• Motion to Reopen (file within 90 days): This motion is filed when new evidence or changed circumstances arise after the case was decided. It allows for the introduction of new facts that could significantly impact the outcome.

Both motions require strong legal arguments and supporting documentation. An experienced immigration attorney in Dallas or Houston can assess whether a motion to reconsider or reopen is the best strategy for your case.

Why Choose Davis & Associates for Your Immigration Appeal?

If your immigration case has been denied, you deserve a second chance. At Davis & Associates, we bring decades of experience and a deep understanding of immigration law to every appeal we handle. Our dedicated immigration appeals attorneys in Dallas and Houston will:

• Thoroughly review your case and legal options
• Develop compelling legal arguments tailored to your circumstances
• Advocate for you in front of the AAO, BIA, or U.S. Circuit Court of Appeals
• Keep you informed throughout the process, ensuring clarity and confidence

We have successfully handled immigration appeals involving:

• Deportation and removal orders
• Asylum denials
• Green card and visa denials
• Naturalization denials

The appeals process can be complex, but you don’t have to face it alone. A strong legal strategy can make all the difference in securing a favorable outcome.

Call Davis & Associates today for a consultation and let us help you fight for your future!