Empowering Immigrants, Strengthening America
Receiving a deportation order does not always mean the end of the road. In many cases, there are formal avenues to challenge a removal order, but strict deadlines and specific legal standards apply. Further, you may be facing a tough legal battle, but DeCosmo Law is up for the fight. A Camden immigration attorney can review the judge’s decision and determine whether an appeal or another form of relief is realistic.
Appealing to the Board of Immigration Appeals
The first and most common step is filing an appeal with the Board of Immigration Appeals, known as the BIA. This appeal must generally be filed within 30 days of the immigration judge’s decision, and missing that deadline typically eliminates this option entirely. The BIA reviews the immigration judge’s decision for legal or factual errors but does not hold a new trial or accept new evidence, which makes the written appeal itself critically important.
What the BIA Considers
When reviewing a case, the Board typically looks at issues such as:
- Whether the judge misapplied immigration law to the facts presented
- Whether the judge made a clearly erroneous factual finding
- Whether due process was violated during the hearing
- Whether the case should be sent back to the immigration judge to consider new evidence that wasn’t previously available
Because the BIA’s review is limited in scope, a well-supported legal argument matters far more than simply disagreeing with the outcome.
Appealing Beyond the Board
If the BIA denies the appeal, it may be possible to petition for review with the federal circuit court that has jurisdiction over the case. In New Jersey, this is typically the Third Circuit, and you have only 30 days from the BIA’s decision to file the petition.
This step involves federal litigation rather than immigration court procedure, and it comes with its own filing deadlines and legal standards. Circuit court review focuses heavily on legal errors rather than reweighing the facts, so the strength of the original record becomes especially important at this stage. This makes it even more important to get legal help at the outset of your case.
Motions to Reopen or Reconsider
In some situations, a motion to reopen or a motion to reconsider may be more appropriate than a traditional appeal, particularly when new facts have emerged or the original hearing involved a significant procedural problem. Motions to reopen are subject to strict numerical and time limitations, and only limited exceptions allow a case to proceed outside those windows.
Deadlines Are Extremely Strict
Across nearly every avenue for challenging a removal order, deadlines are unforgiving. Missing a filing window by even a short period can permanently eliminate an otherwise valid appeal, which is why speaking with an attorney immediately after a decision is issued matters more than almost any other factor in the process. You do not have much time to act if you are facing deportation, so you cannot delay your call to an immigration lawyer even for a day.
Get Help from Our Camden Immigration Lawyers
If you have received a deportation order and want to understand whether an appeal is available, DeCosmo Law can review your case promptly and explain your options. Call 856-361-2122 or reach out online to discuss the next steps before deadlines pass.