Federal Litigation & Appeals
LEGAL RECOURSE OPTIONS WHEN YOU NEED THEM
If you find yourself handed an unfavorable decision regarding your immigration status, our Raleigh and Charlotte immigration lawyers can help you appeal. An appeal is the legal term for an official request to have your case reconsidered by a different judge or authority. We can appeal if USCIS takes too long to reach a decision in your case, or if the agency’s decision is unfavorable. We can also appeal if you are being unfairly detained, or if a judge determines that you should be deported.
Our immigration lawyers are dedicated and passionate legal advocates who are not afraid to fight on behalf of their clients.
Appealing Removal Orders & BIA Decisions
If you have received a removal order (deportation), it’s not too late. We can help you file an appeal to the Board of Immigration Appeals (BIA) or Fourth Circuit Court of Appeals. The BIA is the highest administrative body when it comes to immigration law, and the Fourth Circuit addresses immigration matters within the jurisdiction of Virginia, West Virginia, Maryland, North Carolina and South Carolina.
After receiving a removal order, you are unlikely to be given another hearing to explain your case. Making an appeal involves filing paperwork and providing a written explanation of why we believe the removal decision was made in error. It is of vital importance that you have skilled legal help with your written appeal.
If a Decision Is Being Delayed
If you have received a deportation order, but you have remained in detention for more than six months, you have the legal right to file a “habeas corpus” petition to be released. This same right also applies if you have been waiting an unreasonable amount of time for USCIS to make a decision regarding your immigration case. USCIS has 120 days after your interview to reach a decision; if they do not, you may file a “Writ of Mandamus” to request one. Our appeals attorneys can assist you with filing these petitions.