If you are in the United States illegally, or have committed an act which violates the terms of your green card, visa, or other lawful status, you will probably be placed into deportation proceedings in U.S. Immigration Court, also known as the Executive Office for Immigration Review (EOIR). If the Immigration Judge (IJ) issues an order of deportation following your court hearing, you may have legal grounds to appeal your case and fight deportation to your home country.
At The Law Offices of Rosina C. Stambaugh, we are ready to thoroughly review your case and determine whether or not you are able to successfully appeal your deportation order. Our York immigration lawyer uses extensive experience and in-depth knowledge of immigration law to obtain favorable results for our clients.
In order to appeal your case, you must have a rational basis upon which to argue that the IJ made a legal error upon issuing an order of deportation. If the IJ overlooked or ignored important evidence, failed to properly consider testimony from one of your witnesses, or if an immigration court rule or procedure was used against you in an unfair manner, you may have legal grounds for an appeal.
You have only 30 calendar days after the IJ’s oral decision (in court), or after the date the IJ’s written decision was mailed to you, to send your Notice of Appeal to the Board of Immigration Appeals (BIA). Procedures for filing an appeal with the BIA can be found in the “BIA Practice Manual.”
The first step is to file a Notice of Appeal (Form EOIR-26), which is available on the DOJ website. You need to mail or give a copy of the completed Notice of Appeal, including any attached documents, to the lawyer who represented the U.S. government at your hearings. Keep in mind, there is a filing fee of $110, which needs to be made by check and made out to “United States Department of Justice.”
Form EOIR-26 asks you if you plan to file an additional written brief or statement later. It is best to do so with the help of your attorney.
The law surrounding immigration and deportation is highly complex and the facts of each case present unique circumstances. Do not risk protecting your rights and future without the experienced legal assistance of our York immigration lawyer.
Contact us and schedule a consultation immediately.