Appeals

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Appeals, motions to reopen, and Federal Court review of adverse immigration decisions.

Challenging Adverse Immigration Decisions

Not every adverse decision is final. Whether the Immigration Judge denied relief, USCIS denied your petition, or a removal order was entered in your absence, you often have thirty days or less to preserve your right to appeal. We can handle the full appellate process — from the initial notice of appeal through briefing, oral argument where granted, and federal court review.

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Appellate and Post-Decision Work We Handle:

  1. Board of Immigration Appeals (BIA):
    • Notices of appeal filed within the thirty-day deadline, with full briefing on legal and factual issues from the record below.
    • Motions to remand where the record needs to be expanded.

  2. Motions to Reopen and Reconsider:
    • In absentia removal orders based on lack of notice or exceptional circumstances.
    • Changed country conditions, ineffective assistance of counsel (Lozada), and sua sponte requests.

  3. Administrative Appeals Office (AAO):
    • Appeals of USCIS denials on I-130, I-360, I-601, and N-400 petitions.
    • Targeted briefing that responds to the specific basis of the denial.

  4. Petitions for Review at the applicable Circuit Court of Appeals
    • Filing within the thirty-day statutory window, motions to stay removal, and merits briefing.
    • Jurisdictional and exhaustion analysis, preservation of issues for review.

  5. Federal District Court:
    • Mandamus actions for unreasonable delay on pending applications.
    • Administrative Procedure Act challenges to unlawful agency action.

  6. Motions to Reopen with USCIS:
    • New evidence, changed circumstances, and service-error corrections.

How We Work an Appeal:
  • Preserve the deadline first, then review the record regarding appealable issue(s).
  • Honest assessment of appealable issues — not every loss below is reversible, and we will discuss chances of success.
  • Written work that speaks directly to the standard of review the appellate body applies.

Deadlines in immigration appeals are short and strictly enforced. If you have received an adverse decision, contact us before the deadline runs.

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Ready to start your journey?

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Work with Gonzales Law to make your immigration dreams a reality.