BIA Appeals Attorney
BIA Appeals Attorney in Miami, FL
Having an immigration judge rule negatively on your immigration case can have life-changing consequences for you and your family.
A judge deciding to deport you or deny asylum can often turn your world upside down, especially in the case of being forced to return home to a country in which you feel threatened due to your beliefs or identity.
An adverse ruling can make you feel hopeless and afraid.
If an immigration judge has recently ruled unfavorably on a case involving you or a loved one, you are entitled to have your case reviewed by the Board of Immigration Appeals. The BIA will consider your case and decide whether the ruling from the original immigration judge was fitting.
The most common types of rulings reviewed before the Board of Immigration Appeals include:
- Ruling on deportation: Is the decision for deportation just and fair?
- Asylum status: Should an individual be granted asylum based on their situation?
- Withholding of removal cases: Does a judge believe that an individual has a 50% chance or higher of being harmed based on their personal beliefs or identity? If so, a judge can provide temporary relief of deportation based on their conclusion.
Though not an exhaustive list, these are the most commonly appealed immigration ruling decisions. If you are unsure whether the BIA can review your case, call Garcia & Qayum Law Group, P.A. and we can discuss your situation together.
If you plan on appealing the ruling on your case, it is essential that you have a team of knowledgeable attorneys to help you throughout the entire process.
The decision to appeal your case through the BIA must be made within 30 days of the original ruling. The 30-day period includes weekends and holidays, which means you must work quickly to create your case.
Our attorneys will make sure you file your appeal on time and that you have a strong case to present to the Board of Immigration Appeals.
You have one chance to convince the BIA that the original ruling was incorrect. When you call us at Garcia & Qayum Law Group, P.A., we will discuss your case and recommend whether you should consider having the original decision reviewed. We only recommend appealing your case if we believe you have a justified appeal.
We have helped dozens of clients prepare for the BIA review in hopes of having the decision overturned with a more favorable outcome for the individual involved.
In the case of immigration rulings, the BIA is the highest level of the administrative body for interpreting and applying immigration laws. Any decision made by the Board of Immigration Appeals is binding for the DHS and other governmental organizations unless overruled explicitly by the USA attorney general or federal court. (Source)
Because the ruling of the BIA carries so much weight for the future of the person in question, it is crucial that you have a plan on how to put your best foot forward from the very start.
While representing yourself before the Board of Immigration Appeals is permitted, it is not recommended because a simple mistake can cost you. Having a member of our team vet and strengthen your case will help improve the chances of the BIA potentially reversing the original immigration judge’s decision.
To effectively appeal your case, you must be able to communicate to the BIA why you believe the original ruling was wrong, and back up your claim with facts related to your specific situation.
In most cases brought to the BIA, there are no hearings or opportunities to physically make your argument as to why you believe the original ruling was wrong. The BIA generally makes their final verdict based purely off a written statement that we can help you create here at Garcia & Qayum Law Group. Our team has years of experience in crafting a compelling written statement to help put you in the best position for success.
Our extensive knowledge of immigration and immigration laws allows us also to know the common areas where an immigration judge may make a mistake.
Not all unfavorable rulings were made on purpose. The truth is that immigration judges also make mistakes, just like any other profession. We specialize in pointing out those mistakes and using those errors to get you a better outcome legally.
If you believe the ruling on your case was incorrect, it is incredibly important that you give us a call today so that we can discuss your matter and share our expert opinion on whether it would be worthwhile to appeal.
Our team of specialized immigration attorneys will be happy to discuss the specifics of your situation and do everything we can to help you.
Do not delay! Give us a call today! (305) 230-4020
Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.
This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.