USCIS Appeals And Motions
The Attorneys at Law Offices of Shilpa Malik PLLC will file and prosecute on your behalf, if you are an alien who has received an order of deportation from an immigration judge, any direct “appeal” before the Board of Immigration Appeals (the “BIA”). Included among these are appeals from a finding that the non-citizen is deportable as well as orders denying applications for relief from deportation, exclusion or removal, such as denials of applications for Suspension of Deportation, Cancellation of Removal, Asylum, Withholding and Convention Against Torture (CAT), or denials of applications for waivers of deportability or inadmissibility under sections 212(c), 212(h) or 212(i) among others.
What is an appeal?
An appeal from an order of an Immigration Judge ordering the deportation (or removal, or exclusion) of an alien consists of a reviewing process by the BIA (Board of Immigration Appeals) where the appealing alien gets the opportunity to explain to the BIA why the decision of the Immigration Judge is incorrect. Please note that it is the burden of the appealing party (the alien) to convince the BIA that indeed, the immigration judge’s decision is incorrect and should be reversed and/or vacated. And if the alien does not file a “timely” appeal (meaning an appeal that it is filed within the 30 days time limit from the date of the judge’s decision), then that order becomes final and ICE agents can effect the deportation of the alien after the time for filing an appeal expired.
Motions to Reopen/Reconsider Orders of Immigration Judges or Orders of the Board of Immigration Appeals
Our attorneys can also file and prosecute any “motion to reopen” or “motion to reconsider” any adverse decision made by an Immigration Judge, or by the BIA where the facts and/or the law support filing such a motion. Although there are time and numerical limitations governing when such motions to reopen or reconsider can be filed, there are also some exceptions that have been carved by the federal courts in appropriate cases. It is extremely important to timely file a motion to reopen or reconsider before the Immigration Judge or the BIA to avoid a denial of the motion based solely on the time and numerical limitations.
What is a motion?
A motion is an application in writing submitted to an Immigration Judge or the BIA requesting a specific order and containing argument in support of the reasons why the motion should be granted. If an alien wishes to file a motion to reopen or reconsider his or her deportation or removal or exclusion proceedings, the motion must comply with numerous, complex procedural and substantive rules, just so that it can be considered by the Immigration Judge or the BIA, and then, it must also convince the Immigration Judge or the BIA that the specific order requested in the motion merits that it be granted.
An alien wishing to file a “motion to reconsider” must do so within the first 30 days after the original order was issued. Likewise, an alien wishing to file a “motion to reopen” must file the motion within the first 90 days after the original order was issued. (Some exceptions apply).
An alien is allowed to file only one (1) motion after the Immigration Judge or BIA’s order has become “final”. (Some exceptions apply).
We can help you file your Notice of Appeal, Motion to Reopen or Reconsider before the Office of the Immigration Judge, or the Board of Immigration Appeals, no matter where you live in the United States.
We can also help you with your Petition for Judicial Review before any of the United States Courts of Appeal and/or Judicial Action in District Court no matter where you live in the United States.
For additional information on how we can help you, contact us by email at [email protected] or call us at 877-811-3541