DENIED BY IMMIGRATION COURT? HOW AN IMMIGRATION APPEALS ATTORNEY IN NYC CAN HELP 

Getting a denial from the immigration court is quite a hard situation to deal with. At that time, you may be feeling confused, scared, and really unsure about your refusal. However, being turned down doesn’t necessarily signify that you’re out of options. 

Actually, you may still have quite a few tools legally at your disposal. So, getting a first-class immigration appeals attorney NYC to assist you is a must. 

Statistics show that New York is not only one but several of the biggest immigration case disposal hubs of the United States.  

Therefore, errors, misunderstandings, and just plain unfair decisions are bound to happen at times. Fortunately, the appeal process is a way to challenge these decisions. 

Reading this post would enable you to know what the next steps are after being denied, how the appeals system works, and how an attorney can be an invaluable resource to help you reach your goals. 

What does a denial by immigration court mean? 

Refusal by the immigration court means that your application has been denied. This could affect any of the following applications: 

• Asylum 

• Cancellation of removal 

• Adjustment of status 

• Withholding of removal 

• Convention Against Torture protection 

Nevertheless, a denial is not equal to instant deportation. Indeed, most of the time, it implies that you are eligible to file an appeal. 

You are not only exposed to stringent regulations but also pressured to carry out a follow-up immediately after the decision is made. 

What Does Immigration Appeal Mean? 

Appeal means a legal step of requesting another look at the decision given by the immigration judge. 

In fact, the appeal is not considered as a new trial, but the previous case is submitted to a higher authority for review. 

Appeals in immigration matters are mainly filed with the Board of Immigration Appeals (BIA), an office that is responsible for reviewing the decisions of immigration courts nationwide. 

An immigration appeals attorney NYC is exactly what you will need since they can organize a comprehensive legal memorandum outlining the reasons why the decision should be reversed. 

What Are the Main Causes of Immigration Cases Being Denied? 

After a denial, you should consider the main causes of refusal to better prepare for your appeal. 

In general, these are just some of the reasons why the applications get rejected: 

1. Insufficient Proof 

When it comes to backing the claims you make through the application, clarity is crucial. Without appropriate documentation, the probability of refusal is very high. 

Examples include: 

• Missing identity documents 

• No supporting documents 

• Insufficient country conditions report 

 

1. Credibility 

Judges rely on the sincerity of people’s explanations in court. Even verification issues can cause them to suspect a person of being untruthful. 

Examples of credibility issues include: 

• Statements contradicting each other 

• Time gaps 

• Non-explanations 

 

1. Judges’ Mistakes 

There are times when judges unintentionally misinterpret laws. That leads to: 

• Incorrect application of legal standards 

• Exclusion of evidence provided 

• Misinterpretation of facts 

 

1. Deadlines Forgotten or Procedural Mistakes 

Procedural errors possess the potential to drastically derail your case and, therefore, cannot be underestimated. 

Most often, they are: 

• Delays in document filings 

• Omission of critical documents 

• Not showing up for a hearing at the scheduled time 

1. No Relief Available 

Most probably, there are cases in which applicants don’t qualify for relief. On the other hand, it doesn’t necessarily signal the end of that case. 

In fact, with the help of an immigration appeals attorney NYC, you can find ways to get over those obstacles. 

Ignoring a Denial May Lead to These Consequences 

If you ignore a denial, it can seriously harm you. So, you are better off finding ways to protect your rights by responding sooner rather than later. 

If you do nothing and remain inactive: 

• The finalization of deportation proceedings against you is possible. 

• The removal process could be continued. 

• You may lose the chance to challenge the decision. 

On the flip side, by making an appeal, you can still keep your case going. Besides, the best time for you to get legal counsel is right now. 

Initial steps for Immigration Appeals 

After an appeal has been decided, a filing of Notice of Appeal is to be done followed by the submissions of legal arguments and other related materials.  

Also, it’s imperative that you’re aware of unnecessary risks that you take upon yourself if you’re abandoning the case. 

As a review process by the BIA, an appeal will consider arguments as to why the immigration judge’s decision is wrong or why the judge failed to apply the law correctly. 

Since the appeal will be presented to higher authorities, the immigration case you have in Judge’s court will be one and the same. 

As the appellant, your role is to identify the mistakes made by the judge both factually and legally, and persuade the BIA that the judge’s ruling ought to be reversed. 

Again, an attorney highly qualified in immigration appeals will ensure that you don’t miss the appeal filing deadline and the appeal is timely and properly prepared. 

Are Appeals a Good Idea? 

Seeking an immigration appeals attorney NYC is definitely a beneficial move because filing your appeal can increase your chances of success exponentially if your case is done well. 

In truth, appeals can be an excellent option provided they are well-prepared and well-argued. The downsides – mainly cost and delay of resolution – can be confronted most of the time. 

Should the BIA reverse the ruling by deciding that the appellant (the person seeking an appeal/unmasking party) deserves the relief, the matter will be returned to the immigration judge for proceedings consistent with the go-ahead BIA ruling.  

At these further proceedings, the appellant will be allowed to present evidence and the immigration judge will issue the decision accordingly. 

If the appeal to the Board is successful, your entire case’s position could be significantly changed. For example: 

• The case could be reinitiated. 

• The case could be sent back to the immigration judge. 

• In some cases, relief can be granted. 

Now, you should know these changes will not necessarily be solely based on the strength of your legal arguments 

Don’t Give Up When Your Appeal Is Denied 

Feeling hopeless after your final appeal is denied is completely understandable, but that doesn’t mean that you should give up on your case. There are still some other options available to you. 

One of the options is to file motions: 

• Motion to Reopen – primarily based on new evidence. 

• Motion to Reconsider – primarily based on the argument that the decision was incorrect based on the facts and the law. 

You also have the option to take your case to the Federal Court. 

What Happens Next? The Immigration Appeal Timeline 

The BIA will consider the issues raised in the appellate brief in light of the record. 

The Board may: 

• affirm the decision of the immigration judge 

• vacate the decision and remand the case to the immigration judge for further proceedings, or 

• issue a decision itself in the case (although this is rare). 

Ultimately, the length of time an immigration appeal takes can vary widely (from months to years) depending on: 

• Case complexity 

• BIA backlog 

• Legal issues involved. 

It is completely normal to be distressed by the wait; however, patience is necessary in this case. 

Stay in the U.S. During Appeal? 

Essentially, if you file an appeal, you have a right to remain in the United States while your case is ongoing. 

Generally, the ability to remain will be dependent on factors, namely: 

• The type of case that you have. 

• Status of removal order i.e. if stayed or not. 

• Your personal circumstances falling under specific legal provisions. 

On the other hand, an immigration appeals attorney NYC with a good reputation will be the one who guides you the best according to your case details. 

Relevant Documents for an Appeal 

While making an appeal, it is quite natural to focus on the legal issues rather than on the documentary part. Yet, it is not advisable to totally neglect the latter. 

Some of the significant evidentiary documents are: 

• Transcripts of hearings. 

• Records of the past. 

• Country condition reports. 

• Legal precedents. 

• Testimony of experts. 

Only an immigration appeals attorney NYC can show you the right way to gather and present these kinds of documents. 

Besides Appeal, Are There Any Alternatives? 

Sometimes, appealing is not the best thing to do in your circumstances. The law offers multiple legal ways for you to explore, such as: 

• Motion to Reopen. 

• Motion to Reconsider. 

• Federal Court Review. 

• Administrative Closure. 

• Prosecutorial Discretion. 

It is of great help to have a legal expert well-versed in immigration law to analyze and guide you on all the available options. 

Get help! 

Imagine, the immigration court refusing your case is a blow from which most people cannot recover. However, you are still holding in your arsenal a couple of weapons. 

One of those few second chance opportunities is the appeals process which can change your situation, giving you the chance to fight mistakes and make stronger points. 

Due to the complexity of immigration law, professional legal assistance can indeed result in an amazing turnaround of your case. 

A reputable immigration appeals attorney NYC at Gehi and Associates will scrutinize your case very thoroughly, identify legal errors, and develop a very well-organized appeal plan. 

Don’t procrastinate till your last minute. 

Book your appointment now and keep safeguarding your future in the United States! 

Frequently Asked Questions (FAQs): 

What should I do immediately after my immigration case is denied? 

Your first and foremost action is to seek advice and assess the decision with an immigration appeals attorney NYC because you will mostly have a 30-day period to file an appeal. The earlier you take action, the better for you. 

How long do I have to file an immigration appeal? 

Most cases require an appeal to be filed within 30 days after the judge’s decision. 

Can I submit new evidence during an appeal? 

Because appeals are generally focused on legal issues, it is not typical to present new evidence. However, in some circumstances, submission of new documents or requesting the court for reopening is permitted. 

What is the Board of Immigration Appeals (BIA)? 

It is the final administrative appellate body for reviewing immigration court decisions in the United States. 

Can I stay in the United States while my appeal is pending? 

In principle, yes. But, it depends on your individual circumstances and on whether the removal order has been stayed or not. 

What happens if I lose my immigration appeal? 

You may seek to file a motion to reopen or reconsider the case or take the matter up to the federal court. 

Do I need an attorney for an immigration appeal? 

Although an attorney is not strictly required, having legal representation is your right and undoubtedly will greatly improve your chance of winning, as appeals involve complex legal arguments. 

How long does the immigration appeals process take? 

Depending on the case and the backlog, an appeal can take only a few months, or it may take over a year. 

What are the most common reasons appeals receive denial? 

Some of the common reasons are that judges make mistakes in the law, fail to consider important evidence, or may incorrectly apply the law. 

How can an immigration appeals attorney NYC help my case? 

An attorney assists you in identifying errors in the case, strengthens your arguments, fixes your paperwork, and much more.