What Happens When an Immigration Appeal is Allowed?
An immigration appeal is a formal request for the removal of a negative immigration decision. In the United States, this appeal is filed with the U.S. Board of Immigration Appeals, an independent agency based in Falls Church, Virginia. An appeal must be filed within 30 days of the IJ's decision, but it can be lodged earlier if the case has been delayed. The Board will not hear a case from the beginning; instead, they will consider the written evidence and transcript of the hearing. They will not seek to present new evidence or witnesses.
An immigration appeal begins with a hearing before an immigration judge. The judge will ask the government and the immigrant attorney whether they are satisfied with the decision. Once both sides have reached an agreement, the immigrant can appeal to the BIA. To do this, the immigrant must file a notice of appeal within 30 days of the decision. It is not necessary to testify again, but it is best to do so.
Depending on the type of case, an immigration judge will either grant asylum or send the case back to the immigration judge. During this time, the applicant will be instructed on how to file an appeal to the U.S. Supreme Court. An appeal is allowed if the applicant successfully appealed to the court. An immigration lawyer must file a petition for writ of certiorari (writ) in order to bring the case to the Supreme Court. Although the Supremes take a few cases each year, they are not required to take any cases.
The final step in an immigration appeal is to be approved by the Immigration Judge. The Immigration Judge will review all the evidence and paper evidence submitted in the case. If the appeal is approved, the appellant must appear at the Tribunal hearing in front of the Immigration Judge. During this time, an attorney can represent the appellant or engage a barrister. The Home Office will present its case and question the appellant.
The appeal is a formal appeal for asylum that is allowed by the U.S. Supreme Court in the U.S. after a hearing. An applicant may also ask for a review of their case by an Immigration Judge. If the Immigration Judge finds that they have no reasonable fear of persecution, they will be deported immediately. If the decision is upheld, the person is deported. The judge must consider all evidence submitted in the case before deciding whether to accept the petition or reject it.