Our skilled Immigration attorneys will provide you with strong, well-written appeals to best help you appeal a decision from the BIA, Federal Court of Appeals, USCIS and DHS.
At Gupta & Trujillo, our dedicated immigration attorneys can assist you with your immigration appeal throughout Southern California, including Orange County, Los Angeles County, Riverside County, the Inland Empire and San Diego County. Contact our office for a free consultation
Through the immigration appellate process, you may challenge the denial of your visa petition or court case. The immigration appellate process is a complex area of law requiring legal expertise. We are well versed in the dynamics of the appellate process and understand that it is likely to be your last opportunity to remain in the United States.
Unlike removal proceedings, which require your appearance, an appeal is based solely on the following:
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Printed records from the previous proceeding(s);
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The immigration judge’s decision; and
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Your attorney’s legal briefs and supporting documents.
Because an appeal requires only the submission of a legal documents, Gupta & Trujillo represents clients in the appellate process all over the United States.
Board of Immigration Appeals (BIA)
At Gupta & Trujillo, we can assist you in filing an appeal from an Immigration Judge’s decision to remove you from the United States. This appeal must be filed with the BIA within 30 days of the decision. The BIA is the appellate body designated to review all decisions made by the Immigration Court and, in some instances, the Department of Homeland Security (DHS).
You must win this appeal to remain in the United States. Knowledgeable and well versed in immigration appellate law, we will develop a winning legal strategy tailored to address the unique aspects of your case. Among other things, we will consider the following:
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Whether new evidence exists to support your case;
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Whether important evidence was overlooked at trial; and
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Whether a legal procedure or court rule was applied unfairly to your case.
Federal Court of Appeals
If you lose your appeal with the BIA, you have the right to file an appeal with the Federal Court of Appeals. The Federal Court of Appeals can overturn the BIA’s decision in your case and rule in your favor. Often, federal court litigation is the only way to resolve an agency’s previous denial in your case; it is your very last legal opportunity to remain in the United States. You may seek federal court litigation if your visa petition, naturalization application, or another application filed with the United States Citizenship and Immigration Services (USCIS) has been unlawfully withheld or unreasonably delayed.
Depending on your legal needs, your appeal may address the following:
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Reversing a previous agency’s interpretation or practice as applied to your case;
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Changing a previous agency’s application of immigration statutes and regulations as applied to your case;
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Filing a lawsuit under the Administrative Procedure Act to compel an agency to act on a petition that has been unreasonably delayed; or
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Petitioning a writ of mandamus under 28 USC §1361 to compel an agency to perform a duty required in your case.
USCIS and DHS Appeals
At Gupta & Trujillo, we understand the frustration and emotional effects of receiving a denial of your visa petition filed with USCIS. You have 30 days after receiving your denial to file a notice of appeal to the proper appellate office. This office is determined by the nature of your petition. For example, the BIA exercises jurisdiction over denials of adjustment of status applications, bond hearing determinations, decisions by DHS, and family based visas. The Associate Commissioner for Examinations has jurisdiction over most employment-preference visa petitions.
At Gupta & Trujillo, we can promptly assist you with filing your appeal based on the denial of your visa application to the following agencies:
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The BIA;
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The Associate Commissioner for Examinations through the AAO; or
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The Legalization Appeals Unit
NOTE: In some instances, we can file a Motion to Reopen or a Motion to Reconsider your case with the AAO or to the BIA prior to filing your appeal. |