When a U.S. immigration agency orders you deported or denies your petition or application, most of the time there are further steps you can take to keep fighting your case. In most contexts, an immigration appeal, motion to reopen, or motion to reconsider will be available. These mechanisms afford you the opportunity to point out errors the original adjudicator made, and sometimes give you the opportunity to present additional evidence.
Most immigration appeals and motions require extensive writing and briefing. These types of cases should be handled by an immigration attorney experienced in both litigation and appeals. As a former legal adviser and brief writer at the Department of Justice’s Executive Office for Immigration Review, Hinzman & Flory’s Of Counsel, Jered Dobbs, is intimately familiar with the intricacies of immigration litigation, motions, and appeals. He has been described by colleagues as possessing “brilliant analytical skills” which “make him a formidable appellate immigration lawyer.”
Immigration Appeals of Deportation Orders
If you have been ordered deported by an immigration judge or the Board of Immigration Appeals, there is still hope for your case. An appeal gives you another chance to prove you should be allowed to remain in the United States by asking a higher court to review the decision of the lower court(s). A deportation order entered by an immigration judge is appealed to the Board of Immigration Appeals. A deportation order affirmed by the Board of Immigration Appeals is appealed to the federal circuit court of appeals (one step below the Supreme Court) having jurisdiction over your case.
An immigration appeal of a deportation order allows you to explain why a lower court got the facts or law in your case wrong. Generally, an immigration appeal is not the appropriate venue to present new evidence in your case (for that, you should consider a motion to reopen).
Immigration appeals of deportation orders are time sensitive and very complex. They require an in-depth knowledge of immigration statutes, regulations, and case law, as well as canons of construction. An immigration appeals attorney should be an exceptional writer and extremely well-versed in all aspects of immigration litigation.
As a former legal adviser and brief writer at the Department of Justice’s Executive Office for Immigration Review, Jered is intimately familiar with the intricacies of immigration litigation and appeals. He has been described by colleagues as possessing “brilliant analytical skills” which “make him a formidable appellate immigration lawyer.” Jered has successfully represented many clients in appealing their deportation orders, achieving reversals of adverse decisions. Armed with years of experience and a natural talent for writing, Jered is ready to defend you on appeal.
Immigration Appeals of Petition and Waiver Denials
The U.S. Citizenship and Immigration Service (USCIS) has jurisdiction over most immigration petitions and waiver applications, including jurisdiction over appeals through the USCIS Administrative Appeals Office.
It is not uncommon for the initial USCIS adjudicator to erroneously deny a petition for an immigration benefit. Petitioners and beneficiaries who have suffered a wrongly denied petition or waiver request should consider pursuing an appeal to the Administrative Appeals Office.
To afford yourself the best chance for success on an appeal of an erroneous USCIS denial, it is best to allow an experienced immigration attorney to handle the matter. The attorney should be an exceptional writer and intimately familiar with the statutes, regulations, and cases governing USCIS’ adjudication of petitions and waiver applications.
Jered Dobbs is a former brief writer and legal adviser at the Department of Justice, and also holds a professional writing certificate. He has been described by colleagues as possessing “brilliant analytical skills” which “make him a formidable appellate immigration lawyer.” Jered is passionate about using his experience and skill set to advocate for his clients in appeals of wrongly denied USCIS petitions and waiver applications.