Immigration Appeals

FILING A MOTION TO REOPEN A CASE IN IMMIGRATION COURT

An individual may file a motion to reopen a case in order to introduce additional evidence, to document a change in the applicant’s circumstances, or to provide newly discovered facts that were unavailable during his original removal proceedings in immigration court. The motion should be filed with the immigration judge who originally issued the removal order. This motion must be filed within 90 days of the order. If you were served a proper Notice to Appear (NTA) at your first immigration court hearing, but failed to appear for some reason, the judge has the power to enter an order to have you removed (deported) In Absentia. When a Phoenix deportation attorney at Cima Law Group files a motion to reopen the case for you, an automatic stay of deportation will be granted and will remain in effect until the court makes a final disposition of the motion. If you did not receive proper notice to appear at your original hearing, then we can present a well-reasoned and succinctly written motion on your behalf to reopen the case and have the judge rescind the In Absentia Order. An In Absentia Order may also be rescinded if we can demonstrate to the judge that you were in state or federal custody at the time of your hearing, or because of exceptional circumstances, such as the death or serious illness of a family member.

LEGAL GROUNDS TO FILE A MOTION TO RECONSIDER

A party filing a motion to reconsider must file it within 30 days of the date of entry of the final removal order. Please be aware, that if we file this motion for you, it does not suspend or delay the execution of the original removal order. If we file a motion to reconsider on your behalf, we will seek to correct specific legal or factual errors that we believe occurred during the Immigration Judge’s prior decision.

THE JUDGE’S DISCRETION TO GRANT OR DENY A MOTION

The original immigration judge has the discretion to either grant or deny your motion to reconsider or your motion to reopen. Our attorney at Cima Law Group can determine if a Motion to Re-open, or a Motion to Reconsider, is applicable in your particular circumstances. We strive to provide the best defense possible for clients facing deportation hearings. Our friendly, bilingual staff members are here to take your telephone call at (623) 377-4191.

APPEALING YOUR CASE TO THE BOARD OF IMMIGRATION APPEALS

The Board of Immigration Appeals (BIA) is located in the Executive Office of Immigration Review at Falls Church, Virginia. It is the “highest administrative body for interpreting and applying immigration laws.” Although the BIA hears oral arguments on rare occasions, its 15 board members are mainly responsible for reviewing the decisions of lower courts that are on appeal. This includes decisions from U.S. Citizenship and Immigration Services, Immigration Court judges and from Department of Homeland Security (DHS) bureau offices. Once the BIA makes a decision, it is legally binding, meaning that all immigration judges and Department of Homeland Security (DHS) officers must comply with the board’s decision, unless the decision is overturned in federal court, because of a lower court’s procedural violation. The U.S. Attorney General may also overturn a decision made by the Board of Immigration Appeals.

WHAT TYPE OF CASES ARE HEARD BY THE BIA?

The BIA hears a variety of cases, including those pertaining to:

• Orders of Removal/Deportation
• Applications for Relief from Removal/Deportation
• Alien exclusion from legal entry into the United States
• Motions to Reopen or Reconsider Proceedings
• Petition Denials by USCIS
• Classification of an Alien for Visa Purposes

SUBMITTING AN APPEAL TO THE BIA

After an Immigration judge renders his decision, either orally or in writing, a party has the option of filing an appeal with the Board of Immigration Appeals. Once the party files his appeal with the BIA, the lower court is divested of its jurisdiction.

Cima Law Group keeps current with the latest changes in immigration policy and law that have a direct impact on you. You can count with our team of experts at Cima Law Group to handle your removal or immigration case in the most efficient and professional manner possible. Please call us now at (623) 377-4191, to discuss how to appeal your case to the BIA.