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Appealing Decisions of Immigration Courts
An Immigration Court decision can gave a huge impact on your life. For example, an Immigration Court judge can order your deportation. If this happens, do you have any recourse?
The good news is that you have 30 days from the date of the judge’s decision to appeal that decision. The appeal sends your case to the Board of Immigration Appeals. The Board will also “stay,” or delay, the enforcement of the Immigration Court judge’s decision until after your appeal is heard.
If you are not satisfied with the Board of Immigration Appeals’ judgment, you can appeal its decision as well. This appeal removes your case from the Immigration Court system entirely, and puts it in the federal court system. This is a very common occurrence – by one estimate, 40% of federal appellate cases in California and Texas originated in the Immigration Courts.
The Immigration Courts strongly recommend that you hire an attorney to represent you for your initial hearing. While many people choose not to do this and instead decide to represent themselves, it is absolutely imperative that you hire an attorney in the event of an appeal. There are many legal requirements involved in an appeal. The Board of Immigration Appeals can (and will) reject your request for an appeal if these requirements are not met.
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