Maryville Immigration Appeal Lawyers
Strong advocacy in Maryville, Tennessee for Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is a US administrative agency that decides legal issues involving immigration petitions, claims, and cases. The BIA reviews the decisions of the various immigration courts spread throughout the country, including the Immigration Court in Memphis Tennessee. The court normally decides appeals from various immigration courts based on the filings and briefs they receive. At LaFevor & Slaughter, our Maryville immigration lawyers understand when, where, and why you can file an appeal – including appeals regarding benefits, immigration bonds, and removal relief. We’re skilled at simplifying the legal issues for our clients while also analyzing and arguing the complex immigration laws before the BIA.
What is the Board of Immigration Appeals?
The Executive Office for Immigration Review (EOIR) states that the Board of Immigration Appeals is the highest administrative body that applies and interprets America’s immigration laws. There are 23 Appellate immigration judges, including a Chief Appellate Immigration Judge and several Deputy Chief Appellate Immigration Judges. The BIA is headquartered in Falls Church, VA. The BIA hears cases on “paper” review. On rare occasions, the BIA may hear oral arguments. At LaFevor & Slaughter, our Maryville immigration lawyers advocate for immigrants in the BIA offices in Memphis and Atlanta.
The decisions of the BIA are binding on all DHS officers and Immigration Judges unless a federal court or the US Attorney General overrules the decisions. Most appeals involve removal orders and applications for removal relief. Other cases include reopening and reconsidering prior decisions, “petitions to classify the status of alien relatives for the issuance of preference immigrant visas,” and other matters.
The BIA, in addition to hearing removal/deportation cases, can also hear cases involving admission to the U.S., family-based immigrant petitions, waivers of inadmissibility asylum, and denial of bond or parole.
The EOIR is a separate agency within the US Department of Justice.
While the BIA is the final appeals court in the immigration system, if the BIA decides against you, you can still appeal your case to the US Circuit Court of Appeals.
What cases won’t the BIA hear in Maryville?
The BIA generally only decides matters rendered by immigration judges. The BIA normally can’t hear:
- Decisions about “credible fear,” whether an immigration judge or an asylum officer decides
- Most visa petitions
- Denials of adjustment of status
Appeals of the above matters are normally made to the Administrative Appeals Office or to the agency that made the original ruling.
If you lose your deportation case and don’t ask for an appeal, the removal process starts immediately. You need to ask for an appeal immediately.
There are strict rules for when and how you can appeal. We strongly recommend letting our Maryville immigration lawyers handle your appeal for you. Our Maryville immigration appeals lawyers will explain how long you have to file an appeal after the BIA enters a ruling. We’ll explain the small details too – such as whether the weekends count and whether the appeal must be received (versus just mailed). We’ll also explain if you can obtain a stay of deportation order or any other order while your appeal is pending. Some stays may be automatic. Other stays may be at the discretion of the BIA judge.
How do your lawyers help with my immigration appeal?
Our Maryville immigration appeal lawyers:
- Understand when immigrants can file an appeal to the Board of Immigration Appeals
- Explain how the appeals process works
- Ensure that your appeal is filed properly
- Research the appeal legal issues and file briefs and other documentation to persuasively argue your rights before the BIA judge assigned to your case
- Explain what happens if your appeal is successful or if it’s not successful
Extenuating circumstances
You may be able to file a lawsuit against the USCIS if the immigration court is taking too long to decide whether to grant or deny your petition, or whether you can obtain the benefits you seek. The right to file this type of lawsuit is based on the Mandamus Act, which includes a remedy, a writ of mandamus, to force the USCIS to promptly hear your case more quickly.
The writ of mandamus is filed in federal court. We can request that the Federal Court judge assigned to your case expedite the decision. The court may even order that the USCIS pay your legal fees, as a penalty for making you wait so long.
The use of the writ of mandamus is rare. The immigration court judges are handling a large amount of cases nationwide. Fortunately, our Maryville immigration appeals lawyers have the experience and persuasiveness to handle cases that involve extenuating circumstances.
Do you have a Maryville immigration appeals lawyer near me?
At LaFevor & Slaughter, our Maryville immigration appeal lawyers meet clients at our office located at 317 Ellis Ave., Suite 317. We also discuss cases by phone and through a video conference if necessary. We also meet clients at detention centers.
We’ll answer all your questions, explain your right to an appeal, and fight to obtain the strongest outcome on your behalf.
Our Maryville immigration appeals attorneys are ready to assert your rights
The Board of Immigration Appeals handles cases throughout the country. You need lawyers who understand the laws and the rules of procedure – especially since the court relies on paperwork to decide their cases. LaFevor & Slaughter handles cases at the lower immigration level and the Board of Immigration appeals level. Please call us or fill out our contact form to schedule an appointment.