The appellate process in immigration is an essential balance to decisions that are made by Immigration Judges, Adjudications Officers, and Deportation Officers, etc.

When a case is denied by an Immigration Judge, the person denied has the right to file an appeal within 30 days of the decision to the Board of Immigration Appeals in Falls Church, Virginia.  In most cases, this appeal consists of legal briefs only. On rare occasions, the Board of Immigration Appeals calls for oral arguments on a particular legal immigration issue.

If the Board of Immigration Appeals affirms the Immigration Judge, there is another level of appeal to the United States Circuit Court of Appeal depending on which circuit the case is heard.  This appeal is referred to as a “Petition for Review”.  The process involves Federal Judges deciding whether the Board of Immigration Appeals correctly decided the case.  Like the appeals before the Board of Immigration Appeals, most Federal Appeals involve decisions made solely on written legal briefs.  On occasion; however, Oral Arguments may be heard on a specific legal issue.  These Oral Arguments generally occur before a three-member panel of Federal Judges.

The New York immigration lawyers at Pozo Goldstein, LLP have the experience in takes to author legal appellate briefs to both the Board of Immigration Appeals and Federal Courts of Appeal.  Juan Carlos Gomez and Steven A. Goldstein have both presented oral arguments before the Federal Circuit Court of Appeal for the 11th Circuit.

Mr. Gomez focuses his practice on immigration appellate cases.  His attention to detail and issue spotting are critical to winning appeals.  Mr. Gomez handles complex immigration matters both at the initial levels and on appeal.  His experience of over twenty years of practice is invaluable to appellate practice.

Contact us now to schedule a free consultation.