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Expert Advocates in Immigration Appeals

Our experienced team of attorneys is dedicated to advocating for your rights, particularly in immigration appeals cases. We understand the complexities of immigration law and are committed to helping you navigate the appeals process. Our team doesn't just work hard; we work smart, leveraging our collective expertise to achieve results. Regarding immigration appeals, we understand that every case is unique, and as trial attorneys, we have the skills and experience to present your case persuasively and professionally in an appeal. Our fluency in Spanish is not just a language skill; it's a cultural bridge that enables us to fully grasp each case's nuances. We recognize that immigration appeals are deeply personal experiences, and we're committed to providing tailored solutions that respect your cultural background. 

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What is an immigration appeal?

An immigration appeal is a legal process by which a person seeks to challenge a decision made by a U.S. immigration authority. These appeals are typically heard by the Board of Immigration Appeals (BIA), a part of the U.S. Department of Justice.

Types of appealable immigration orders or actions

Certain orders and decisions are subject to the appeals process, including:

  • Deportation or Removal Orders: When an individual is ordered to be deported or removed from the United States, they have the right to appeal this decision. This may involve arguing that the individual does not meet the criteria for deportation or presenting new evidence that was not considered in the initial decision.
  • Visa Denials: If a U.S. consulate or embassy denies your application for a visa, you can file an appeal to challenge this decision. This is particularly important in cases where you believe there was a misunderstanding or error in the visa application process.
  • Asylum or Refugee Status Denials: Individuals who have their asylum or refugee status applications denied have the right to appeal to seek a reconsideration of their case. This often involves presenting additional evidence to support their claim for asylum or refugee status.
  • Criminal Convictions: Appeals related to immigration consequences of criminal convictions, such as deportation orders based on criminal convictions. In these cases, the appeal may focus on demonstrating that the conviction should not result in deportation under immigration law.

The Immigration appeals process

The appeals process for immigration cases can be lengthy, often involving the following steps:

Notice of Appeal

The process begins with filing a Notice of Appeal, outlining the reasons for the appeal and the relief sought. This document is a critical step and sets the stage for the entire appeals process.

Briefing

Both the appellant and the government submit written arguments, known as briefs, explaining their positions. These briefs provide a comprehensive analysis of the legal issues at hand and present arguments supported by relevant case law.

Oral Argument

In some cases, oral arguments are held before the BIA, allowing both sides to present their case in person. This is an opportunity for attorneys to address any questions or concerns the BIA members raise.

Decision

The BIA issues a written decision, either upholding the previous decision or granting relief to the appellant. This decision provides a detailed explanation of the rationale behind the BIA's conclusion.

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The right immigration lawyer matters.

Navigating the immigration appeals process can be challenging, with strict deadlines and complex legal arguments. Having an experienced attorney by your side is crucial to ensure your rights are protected. An attorney can help you build a compelling case, gather evidence, and present persuasive arguments to the BIA. At Correa & Martinez Trial Lawyers, we understand the significance of immigration appeals and their impact on your life. Our dedicated team of attorneys is here to provide the support and guidance you need to navigate the process successfully. Don't face immigration appeals alone. Contact us today for a complimentary initial consultation and let us be your trusted partners in protecting your rights.

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