Most decisions of immigration judges or the Department of Homeland Security (DHS) can be appealed to the Board of Immigration Appeals (BIA).
The foreign national may then request a judicial review of that decision by filing a Petition for Review with the Federal Circuit Court of Appeals.
The foreign national and their legal representatives are the only legal entities who can appeal these decisions to the Federal courts. Representatives of the US government itself cannot petition for review by a higher court in the case of a judgment that does not rule in their favor.
If a foreign national has filed a Motion to Reopen or Reconsider and the motion is denied by BIA, this decision may also be reviewed.
In filing a Petition for Review, the foreign national must argue that BIA has made some error in its judgment and violated the law.
If you have received an unfavorable ruling in your immigration related case, call our offices today for a free consultation. We are experienced in the courtroom and have a long and proven track record of helping people like you to work and live in the United States.
We will examine your case in great detail and establish the strategy that works best for your circumstances. We will compile the necessary briefs to make the best arguments possible to help you win your case and establish a legal presence in the United States. Contact us through our website, call us or visit us in person today.