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Immigration & Deportation Defense | Immigration Appeals | Orlando Deportation Appeals

Court Decisions in Immigration Appeals establish some
of the "rules" that may apply to your immigration case

As noted in the prior segments, immigration cases can be quite complicated. Immigration law involves statutes, regulations, and agency interpretations. Additionally, federal immigration law also involves decisions by the Board of Immigration Appeals and Federal decisions.

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Despite the elaborate framework of immigration law described up until this point, there are situations in which a person knows or believes that the immigration laws have been misapplied to their particular circumstances and that their case has been wrongly decided. Depending on the type of immigration case, the person may be able to file an appeal with the Board of Immigration Appeals (BIA).

In order to maximize your chances of success, you should be familiar with all the "rules" that apply in the context of your immigration case based on your individual situation.

The Board of Immigration Appeals

Again, Immigration Cases Can Be Very Complex

After all the relevant documentation regarding the appeal is filed, the BIA will issue a decision that will either affirm or reverse the decision by USCIS or the Immigration Judge. In some of those cases, the BIA issues what are referred to as precedential decisions. The precedential decisions are decisions which are legally significant and which are meant to be followed and applied by USCIS and by the Immigration Judges in all similar cases.

The previous segment provided a brief description of one of the components of federal immigration law, agency interpretations.

In this segment we continue to describe the main sets of "rules" that you may have to be familiar with in order to maximize your chances of success with your immigration case. As indicated previously, the sets of "rules" are listed from the general to the more specific. Again, you may want to consider the information in this brief overview as one of the factors that may help you determine whether you need a lawyer for your immigration case.

An appeal is a request that a decision be reviewed by a higher authority. In the context of immigration, the BIA is the highest administrative authority. And even though only certain types of decisions by USCIS can be appealed to the BIA, most types of decisions made by an Immigration Judge may be appealed to the BIA.

To recap, the immigration statutes which make up the INA are the foundation of current immigration law in the United States. The immigration regulations in the CFR specify the government's interpretation of those immigration statutes. And, USCIS provides its agency interpretations as guidance on how the INA and the CFR should be applied to certain cases.

In the next segment you will find a brief description of how immigration appeals to the Federal Courts of Appeals fit into and wrap up the federal immigration law landscape.

Therefore, these precedential decisions provide even further guidance as to the application of the immigration statutes and the immigration regulations to individual immigration cases. BIA precedential decisions can be found at the EOIR website.

An immigration appeal to the Board of Immigration Appeals may be the last line of defense before the entry of a final order of deportation. When a person files an immigration appeal with the BIA, there is an automatic stay that prevents the deportation until the immigration appeal is decided. But please remember that there are very strict filing deadlines involved.

Immigration Appeals to the BIA

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