Our appellate practice involves the filing of appellate briefs with the Board of Immigration Appeals ( B.I.A. ) from orders of removal (deportation) issued by immigration judges ( IJ ) in immigration court. We research, prepare, and file motions to reopen and motion to remand . Our appellate practice also includes the researching, writing, and filing of appellate briefs in the California courts of appeals following criminal convictions sustained in California state criminal courts.
It is important for a practicing immigration and criminal trial attorney to do appellate work. In this way, a trial attorney can sharpen his skills and remain familiar with the important changes that occur regularly in his practice areas. A skilled trial attorney will also use the experience gained in handling appeals and implement those important lessons learned into his own practice.
Appeals from orders of removal must be timely filed. It is important if you have been ordered removed, to preserve your appellate remedies by consulting with a competent immigration attorney as soon as possible. It is also imperative that you post a voluntary departure bond in a timely manner in order to preserve your right to voluntarily depart should your appeal(s) ultimately be denied.
Petitions for Review are one of the last remedies available following an order of removal and an affirmation of that order by the B.I.A
Petitions for review are filed in the federal courts of appeals. In California, such petitions are filed in the 9th Circuit Court of Appeals. Requests for stays of removal and stays for voluntary departure are filed with the petitions in order to preserve our client's rights.
Petitions for review request the federal court of appeals to review the underlying immigration court and immigration B.I.A. decisions in order to determine if any constitutional or procedural due process rights may have been violated or overlooked by the IJ or the B.I.A. Since the 9 th Circuit Court of Appeals is part of the federal judicial branch and not within the Department of Homeland Security (executive branch), the review by these federal courts assure a more object look at the underlying proceedings. There have been many instances when the federal courts have reversed the immigration courts, especially in the 9th Circuit. Therefore, filing a petition for review allows for a 'fresh' review by a higher judicial court, giving a client who has been ordered removed, a new opportunity to present his case and grounds for relief.
In addition to a review of the underlying facts and circumstances of the client's removal hearing and the IJ's ruling, there are sometimes new facts and circumstances that may arise after an order of removal making the client eligible for new relief such as marriage to a U.S.C. In such cases, filing a motion to remand may be the appropriate remedy for relief. Filing a motion to remand setting forth the client's new grounds for relief will oftentimes result in remand of the client's case back to the immigration court for the IJ to decide whether the new grounds are sufficient to grant relief.
Appellate practice is perhaps the most complex of all the areas of immigration and criminal law defense. A competent and experienced appellate lawyer can ultimately make the difference as to whether or not a client will be removed or allowed to remain in the U.S.
For further information concerning our appellate practice, please contact us for a consultation.
Stephen Eckdish is an active member in the following organizations: