If you have received a final order of deportation issued by an immigration judge, your appeal must be filed with the Board of Immigration Appeals (BIA). The BIA is responsible for reviewing decisions by immigration judges and interpreting immigration laws. A properly filed appeal will automatically stay the final removal order issued against you until the BIA issues a final decision in your case.
To appeal the final decision of an Immigration Judge, you must file a Notice of Appeal with the BIA within 30 days of the Immigration Judge’s decision. To file a timely appeal, your Notice of Appeal MUST be received by the BIA on the 30th day or sooner. If an appeal is not filed on time, the appeal will be dismissed, and the Immigration Judge’s decision will be final. This is true even if the BIA receives the appeal one day late.
Motions to Reopen or Reconsider
Under certain circumstances, you may file a Motion to Reopen or Reconsider with an Immigration Judge or the BIA to review the case again. These motions are distinct from an appeal in that you are making a motion with the Court or the BIA, the last adjudicating body to have heard your case, to make a determination of their own decision.
A Motion to Reopen may be filed to request the BIA or Immigration Judge to take into consideration new facts or circumstances which you were unable to present in the prior proceedings. With some exceptions, the Motion to Reopen MUST be filed within 90 days of the final removal order. A Motion to Reopen may be granted if you can show one of the following:
- Lack of notice
Ineffective assistance of counsel
New facts or evidence
Changed country conditions
A Motion to Reconsider asks the court to reconsider the case due to a misapplication or interpretation of the law in the previous proceedings. A Motion to Reconsider MUST be filed within 30 days of the final removal order.
Keep in mind, the filing of a Motion to Reopen or Reconsider does not suspend the execution of the removal decision unless a stay is ordered by the Immigration Judge, the BIA, DHS, or the alien seeks to reopen an in absentia order (a decision made when the alien was absent at the proceeding).
If the BIA rules in favor of the government, it may be possible to appeal your immigration case to a federal appeals court. However, an appeal to the Federal Court does NOT come with an automatic stay of removal. A request must be made for a Immigration Judge or the BIA to issue a stay of removal.
Appealing to a federal appeals court requires filing a Petition for Review. In certain circumstances, asylum applicants may be able to file a Petition for Review. Also, persons claiming that their criminal conviction is not a removable offense or that the government did not prove their alienage may file a Petition for Review. Persons ordered removed before October 30, 1996 may be able to Petition for Review for other reasons. Lastly, a federal appeal may be filed in circumstances where the BIA denies a motion to reopen, even if the underlying claim is a discretionary form of relief such as Cancellation of Removal.
If you have received a final order of removal/deportation against you, contact Attorney Hashim G. Jeelani immediately to help fight your final deportation through an Appeal and/or a Motion.
Contact Attorney Hashim G. Jeelani directly to discuss your case.
- Detroit Office: (248) 850-7841
- Chicago Office: (630) 788-8400