Immigration Appellate Litigation
When U.S. Citizenship and Immigration Services (USCIS) or an immigration judge denies your application or orders your removal, the fight does not end there. DeCosmo Law handles immigration appeals before the Board of Immigration Appeals (BIA), the Administrative Appeals Office (AAO), and federal courts throughout New Jersey and beyond. Our attorneys have over 80 years of collective experience practicing immigration and criminal law. We represent both citizens and noncitizens in complex appellate matters, building strong legal arguments that challenge unfavorable decisions and protect families from separation.
DeCosmo Law appeals to federal courts throughout the United States on a multitude of immigration issues, and our track record shows our strength and commitment. We have successfully stopped deportations on many occasions in the U.S. Circuit Courts of Appeals. We have also filed arguments in the U.S. District Courts in cases where our clients’ resident card and citizenship applications were unreasonably delayed.
Every case is different, and every client’s case must be handled and evaluated on its own merits.
Whether you need a review of an asylum denial or visa refusal, a federal appeal may be appropriate. We have taken on cases with unusual or seemingly impossible circumstances and secured positive outcomes for immigrants across the region.
Removal Orders from an Immigration Judge (IJ)
If an immigration judge has ordered your removal from the United States, you have the right to appeal that decision. The Notice of Appeal (Form EOIR-26) must be filed within 30 days of the judge’s ruling. Our legal team reviews trial records, identifies procedural errors, and develops compelling arguments to present before the BIA on your behalf.
Appealing a Decision from the Board of Immigration Appeals
(BIA)
The Board of Immigration Appeals (BIA) is the highest administrative authority in immigration matters. If the BIA issues an adverse decision, our firm can seek judicial review by filing a Petition for Review in the appropriate federal circuit court of appeals. This petition must be filed within 30 days of the BIA’s final order. Common grounds for appeal include:
● Misapplication of immigration law
● Due process violations during proceedings
● Failure to consider material evidence
● Incorrect credibility determinations
● Abuse of discretion by the judge
Our bilingual attorneys meticulously analyze hearing transcripts and written decisions to identify reversible errors. We build persuasive appellate briefs that highlight where the immigration judge or BIA departed from established legal standards. Recognizing that your future and your family’s stability depend on the outcome, we ensure your case receives the individualized attention it deserves.
Remind Requests
A remand sends your case back to the immigration judge for additional proceedings. We pursue remands when the original hearing contained errors, when new evidence emerges, or when changed country conditions affect your claim. Our firm prepares detailed briefs that demonstrate why your case deserves another review at the trial level.
Your Conviction Doesn’t Have to Be Final
A criminal conviction can result in serious consequences. It can cost you your freedom and ruin your reputation. If you are not a U.S. citizen, it can place you at risk of deportation. If you or a loved one has been convicted of a crime, it is possible to file an appeal to have a conviction overturned. A tough and reliable attorney is someone you must have in these cases, and the lawyers at DeCosmo Law know how to fight for your rights.
Time Is of The Essence; Call Now
Because there is such a short turn-around time for filing an appeal, you must act quickly. Having an experienced attorney is a necessity. This could affect your future and your legal status as an immigrant. With locations in Camden, Mount Holly, and Haddonfield, it has never been easier to get started. Contact our office today for a consultation at 856-361-2122 or fill out our contact form. Se habla español.
