Appeals
If your case was denied, we challenge the decision through appeals at the highest levels.
Immigration Appeals (BIA & Federal Courts)
A denial is not always the end of the case. In many situations, it is the beginning of the next phase: appeal. We handle appeals before the Board of Immigration Appeals (BIA) and, when appropriate, in federal court. Appeals are not about re-arguing the case, they are about identifying legal errors, procedural violations, and incorrect application of the law. We carefully review the record to determine whether the immigration judge or USCIS made mistakes that can be challenged. This may include:
Misapplication of legal standards
Failure to consider key evidence
Due process violations
Incorrect credibility findings
Get a Clear Legal Strategy for Your Case
Appeals require precise legal writing and strong legal arguments. Deadlines are strict, often as short as 30 days.
When an appeal is viable, we build a focused, strategic argument designed to reverse the decision or send the case back for a new hearing.
Reviewing Immigration Decisions
If your immigration application has been denied or an unfavorable decision has been issued, we assess your options and guide you through appeals, motions, and other post-decision remedies to protect your rights and pursue the best possible outcome.
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FAQ
Frequently Asked Questions
What Does it Mean to Appeal a Decision?
Appealing a decision means asking a higher court to review the ruling of a lower court to determine if a significant legal error was made. When you appeal, you are not getting a new trial, presenting new evidence, or calling new witnesses. Instead, the appellate court reviews the existing record (the transcripts and admitted evidence from the original trial) to verify that the law was applied correctly and the proceedings were fair.
What Happens After an Appeal Decision?
Once the appellate court issues its decision, the outcome dictates the next steps. If the lower court's decision is affirmed, the original ruling stands as final. If it is reversed or remanded, the case is typically sent back to the lower court with specific instructions on how to correct the legal error. This can result in a new trial, a modified sentence, or a revised financial judgment.
A losing party may also petition an even higher court (such as a state Supreme Court or the U.S. Supreme Court) for further review, though these top courts have the discretion to decline cases and rarely accept them.
How Likely is it to Win an Appeal?
Winning an appeal is generally very difficult. Because appellate courts defer to the lower court's findings of fact (such as witness credibility) and only look for substantial legal errors that actively changed the case's outcome, the overall success rate is historically low. The burden of proof rests entirely on the appellant to demonstrate that the original judge made a critical mistake in interpreting or applying the law.
What happens after an appeal is granted?
When an appellate court grants an appeal, it means they agree a legal error occurred, but this does not automatically end the case. Most commonly, the appellate court will remand (send back) the case to the original trial court with specific instructions to correct the error, which can result in a new trial or a new sentencing hearing. In other situations, the court may completely reverse and invalidate the lower court's decision, or directly modify a specific portion of the ruling, such as altering the amount of financial damages awarded.
Can you appeal an appeal in court?
Yes, if you lose your case at the first appellate level, you can file a petition asking a higher court to review the decision. However, unlike your first appeal, which is typically guaranteed as a matter of right, a second appeal is almost always discretionary. This means the higher court can choose whether or not to hear your case, and they decline the vast majority of petitions unless the case involves a major, unresolved constitutional issue or a matter of significant public importance.
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