IMMIGRATION COURT

In the United States, there are 52 immigration courts, two detained-only immigration courts, and two special processing centers.  There is also an immigration court in Puerto Rico.  Most of these courts are not not housed in traditional courthouses, but are located in ordinary looking office buildings.  The Department of Justice controls and manages these courts and you can view their website for more detailed information on each court. 

If you are in removal/deportation proceedings, your case will be heard in one of these courts.  Your best chance of beating deportation is in these courts.  In many cases, the immigration judge has individual discretion to decide your case, as in waiver applications or cancellation of removal.  In these case, the immigration judge can consider at many factors - humanitarian issues, family issues, special needs, length of residency, good moral character, etc. - in making a decision about deportation.  In other cases, the immigration judge is bound by law to decide your case, as in deportation based on criminal convictions, material support bars, and persecution bars.  In these cases, the immigration judge has little or no discretion to decide your case because the immigration judge is bound by the current law to decide your case.  Applications for asylum require a combination of discretion and the application of law.

IMPORTANT:  If you lose your case in the immigration court, you have not lost your fight to beat deportation . . . you can file:

• a motion to reopen - to have the immigration judge consider new evidence or a change in circumstances (90 day time limit, with special rules for applying after the 90 day time limit)
• a motion to reconsider - to have the immigration judge reconsider his or her ruling based on an error of fact or law (30 day time limit)

You can also file an appeal to the Board of Immigration Appeals and have new judges look at your case (30 day time limit).

THE BOARD OF IMMIGRATION APPEALS

The most import thing to remember is that even though you may have lost the battle in the immigration court, you may not have lost the war.  The immigration court is your best chance of beating deportation, but the Board of Immigration Appeals (BIA) is you next best chance. 

The BIA is a federal immigration appeals court and every appeal from every immigration court goes to the BIA.  Like the immigration courts, this court is also managed and controlled by the Department of Justice.  You can review the court's information at the their website. 

An appeal to the BIA is a critical stage because, in general, the BIA can completely review the decision of the immigration court.  Our firm will file a notice of appeal, review your immigration court transcript, prepare a brief, and reply to any response brief filed by the Department of Homeland Security.  If the BIA determines that your case was wrongly decided, the BIA will remand your case back to the immigration court so that the immigration court can correct its mistakes, which means that your will beat deportation.

However, if the BIA determines that the immigration court did not make any mistakes, your fight against deportation is still not over.  You can file a motion to reopen and a motion to reconsider with the BIA.

In addition, you now have the right to appeal your BIA decision to one of the 11 federal courts of appeals.

THE FEDERAL COURTS OF APPEALS

The federal appeals courts are your last hope at beating deportation.  The federal appeals courts review decisions by the Board of Immigration Appeals.  Congress has restricted the jurisdiction of the federal appeals courts in recent years making it more difficult to prevail in these courts.  Nevertheless, this option should not be overlooked. 

The federal appeals court can only decide your case based on the record in the immigration court and the Board of Immigration Appeals.  It is very important to submit critical information to the Board of Immigration Appeals through either a motion to reopen or a motion to reconsider concurrent with any appeal to the federal appeals courts.  Our firm specializes in strategic motions practice in the Board of Immigrations Appeals and well-written and well-researched briefs in the federal appeals courts to give you the best possible chance to beat deportation.

If the federal appeals courts reverses a decision of the Board of Immigration Appeals, your case will be sent back to the Board of Immigrations Appeals.  The Board of Immigration Appeals will then send the case back to the immigration court, which means you will beat deportation.

THE UNITED STATES SUPREME COURT

If the federal appeals court denies your case, the last and absolute final step is to apply for certiorari to the United States Supreme Court.  Although your case may not be heard by the Supreme Court, the court may still reverse a federal appeals court decision if there were any apparent errors.