Texas Immigration Appeals Attorneys

Immigration Practice Areas > Immigration Appeal Attorneys in Texas

Fighting For A Favorable Result In Your Case

A denial or negative decision in your immigration case can be disheartening – but it does not mean you should give up.

While judges have to make numerous decisions daily, not all may work out in favor of the immigrant. There are instances when people are faced with deportation, denial of asylum, citizenship, or other unfavorable rulings that might not seem just, given their situation. This is why its always best to start your case using the services of a reputable attorney to try to prevent finding yourself in a situation where your case ends up denied.

Dallas Immigration Attorney | Davis & Associates | Dallas Fort Worth

However, if you find yourself disagreeing with a judge's decision, you have the option to appeal. This gives you another opportunity to seek the outcome you desire. Many people choose to work with an attorney to take this step. Of course, you will want to work with a knowledgeable and proven immigration attorney who can fight for you and represent your best interests.

At Davis & Associates, we offer aggressive strategies when appealing immigration decisions. We understand that you have a lot on the line – and we want to help you achieve a favorable resolution. Our immigration appeals attorneys in Texas deliver high-quality representation and take the time to get to know each client so that their service is truly personalized.

Here is what you need to know about asking a higher court or higher authority to look at your case.

What Are Immigration Appeals?

Immigration appeals are requests for a second review of decisions that didn't go in your favor. If you need to challenge a decision, you would typically file an immigration appeal with either the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).  These two entities have jurisdiction over different types of immigration cases.

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.

Appealing to the U.S. Circuit Court of Appeals

If you have been denied a petition by an immigration judge and appealed it with the BIA, your lawyer can petition the U.S. Circuit Court of Appeals for a review. For most cases, the Circuit Court of Appeals is the last stop.

The Basics Of An Immigration Appeal

When you need to challenge a court decision, you must act quickly. In most cases, you only have 30 days after receiving the decision to file your immigration appeal.

Sometimes, getting a new set of eyes on your case can make a big difference. That is why many people choose a different law firm from the one that managed their original case to handle their immigration appeal. A new perspective might spot opportunities or arguments that were not considered before.

The reality is that judges can make mistakes or fail to appropriately consider the evidence in a case. Our team at Davis & Associates can look over your situation with fresh eyes to decide if appealing is a smart move for you.

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. They might request the court to release you from detention, ask the Department of Homeland Security to look at your case more favorably, or even attempt to stop the deportation process. 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 – and your attorney will work hard to explain the nuances of your case to get you the best possible outcome.

Mandamus, APA and Habeas Corpus Actions

There are three terms you may hear – and need to understand – during the course of your case:

  • Mandamus Action: This is a legal move you can make if your case isn't moving forward as it should within the immigration. It is like a nudge to get things going.
  • APA Action: Under the Administrative Procedure Act, you can challenge decisions by immigration agencies that seem unfair or not based on current laws. This applies if you feel an agency's decision was made without considering all the facts or doesn't align with existing laws.
  • Habeas Corpus Action: If you are being held for too long while your case is being looked at, a habeas corpus action can be a way to address being detained longer than necessary.

These are tools designed to ensure your case is handled fairly and moves along as it should.

How Are Motions Different From Appeals?

There are two options besides appealing if you want to challenge a judge's decision in your case: a motion to reconsider and a motion to reopen. Both of these options involve asking the same judge to take another look at their decision. You must file a motion to reconsider within 30 days of a judge’s decision, and you must file a motion to reopen within 90 days of a judge’s decision.

When your attorney files a motion to reconsider, he or she will use the facts of your case to show one of two things:

  1. The decision was based on an incorrect or improper application of law or immigration policy
  2. The decision was incorrect based on evidence presented in the case

When your lawyer files a motion to reopen a case, he or she will ask the government to consider new facts or changed circumstances (either of which has occurred since the decision was made).

When Can You File An Immigration Appeal?

To start an immigration appeal, you must meet the eligibility requirements, including the timeline for filing. Generally, you have 30 days from the decision date to file your appeal. If you wait longer, your request to appeal could be denied. In some cases, such as the revocation of the approval of a petition, you must appeal within 15 days of the decision. However, if the decision was sent to you by mail rather than handed directly to you or your attorney, the court grants you an extra 3 days. This means you have up to 33 days to appeal a denied petition and 18 days for a revoked approval.

The official decision letter from the court will specify the deadline for your immigration appeal. It is important to note that this deadline cannot be extended, so it is important to act within the given timeframe.

Where Do You File Immigration Appeals?

To file an immigration appeal correctly, it is important to use the right method and location, which can vary based on your case type. This is why many individuals decide to hire an experienced attorney who understands the process. Your lawyer will be able to identify the exact place and method for filing your appeal, ensuring it is done accurately and efficiently.

Cases We Handle

Our immigration appeals attorneys in Texas handle all types of cases. With 60 years of combined experience, we have what it takes to build a strong appeal on your behalf.

Let us help you with your:

Throughout the entire process, we prioritize keeping you informed and involved. We will discuss your available options and what you can anticipate at every stage, ensuring you are well-prepared and knowledgeable about your case's progress.

What Can An Attorney Do For You During An Immigration Appeal?

Your attorney will fight for a more favorable result. He or she can create an aggressive strategy that gets you the best possible outcome, whether you are fighting deportation or you are trying to get your petition for U.S. citizenship approved. Your attorney will represent you in court and speak on your behalf when possible, and they may provide documentation that helps a judge revisit the case and come up with a different decision. Your attorney's expertise and actions are key in navigating the complexities of the appeal process.

Do You Need To Talk To A Lawyer About Immigration Appeals?

If you are considering an immigration appeal, you may want to talk to an attorney as soon as possible. Our experienced immigration appeal attorneys can provide you with the guidance and support needed for your appeal. Call us now to schedule a free consultation and to see how we might assist you in your case.