Appeals After A Removal Order In Miami
You don’t have to accept a removal order from an Immigration Judge. In this situation, immediate legal action is important to protect your family and your life here in the U.S.
If you want to appeal a deportation order in Miami, our attorneys can help. At the Law Offices of Sandra Echevarria, P.A., we represent clients before the Board of Immigration Appeals (BIA) and, when appropriate, in federal court. Our team has more than 35 years of combined immigration experience and offers services in English, Spanish, French and Portuguese.
Filing An Appeal To The BIA
You have 30 calendar days from the Immigration Judge’s decision to file Form EOIR-26 with the BIA. Missing this deadline can prevent the BIA from reviewing the decision. A timely immigration appeal halts the removal order while the board reviews the Immigration Judge’s decision. The stay gives you time to challenge the ruling through the administrative appeal process.
During this process, we will review the Immigration Judge’s ruling, hearing record and court transcript. We will look for errors to overturn the original decision.
11th Circuit Appeals In Federal Court
If the BIA dismisses your appeal, you may ask the U.S. Court of Appeals for the 11th Circuit to review the decision. The case does not return to the immigration court for a new evidentiary hearing. Instead, the federal court reviews the existing record, considers the legal and factual arguments raised in the appeal and determines whether the immigration judge or the BIA made an error.
A petition for review by itself does not place removal proceedings on hold. This means you may need to file an Emergency Motion for Stay of Removal. The court will decide whether to pause removal while it considers the petition. If the federal appeal does not provide relief, you can file a Motion to Reopen. This process re-examines your closed case.
Schedule A Consultation To Discuss Your Appeals After Deportation Today
Our lead attorney, Sandra Echevarria, founded the firm after successfully defending her own father against removal. Her experience handling removal proceedings, along with her admission to the U.S. Court of Appeals for the 11th Circuit, informs the firm’s approach to challenging immigration court decisions.
If you need to appeal a deportation order in Miami, call us at 786-807-6301 or fill out our contact form. We can review the decision and assess your immigration options.