APPEALS

When a judge or official makes a decision that negatively impacts a noncitizen, an appeal may be necessary. An appeal is a formal request that a different judge or officer review an unfavorable decision. Your attorney will set forth legal arguments and articulate the mistakes that the prior judge or officer made. It can serve as a second chance to get a favorable decision.

• USCIS appeal: If USCIS was the agency that made the unfavorable decision, the appeal is typically brought to the USCIS Administrative Appeals Office (AAO). The AAO considers appeals from 50 different types of immigration applications and petitions.

• Immigration Judge appeal: If an Immigration Judge made the unfavorable decision, the appeal is brought before the Board of Immigration Appeals, or the “BIA,” which is a higher immigration court located in the state of Virginia. Most cases before the BIA do not require in-person hearings in Virginia. Your attorney will handle the written briefs and manage the deadlines.

• BIA appeal and Federal Circuit Court: If the BIA made a final decision that was unfavorable, a person can appeal final decisions at the appropriate federal Circuit Court of the United States. The Circuit Court assigned to your case depends on where the case originated. For cases that originate in Arizona, a BIA appeal would be brought in the Ninth Circuit Court of Appeals. Attorney Mindy Butler-Christensen can appear before the BIA and is admitted to the Ninth Circuit.

ARE THEY THE SAME AS AN APPEAL?

• A Motion to Reopen is not an appeal. It is a formal request that a judge or the government reopen an old case because there are new facts or circumstances that could possibly change the outcome. Typically you have 90 days to reopen a case. Different facts can change the 90-day deadline or constitute an exception to the 90-day rule. Consult Encanto Law for specifics.

• A Motion to Reconsider is a formal request that the judge or decision-maker reconsider their own decision. The Motion includes arguments asserting that the judge or official did not apply the law correctly. If you want the judge or official to reconsider their own decision, the deadline for the Motion is typically 30 days. 

Our immigration team is experienced with appeals before USCIS, the BIA, and the Ninth Circuit. We also have experience with Motions to Reopen and Motions to Reconsider. Our legal team will ensure that your best arguments reach the proper authorities. Call Encanto Law for a free consultation regarding your case and possible appeal or Motion.