How Spolin Law P.C. Wins Immigration Appeals
The knowledgeable Los Angeles immigration appeals lawyers at Spolin Law P.C. use proven strategies to win all levels of appeals cases. Our lead attorney, Aaron Spolin, has a background in criminal defense and appeals law that allows him and his team of legal professionals to succeed in cases like yours. (Every case is unique, and prior success is not a “guarantee” of the same outcome on a future case.)
Mr. Spolin and his team of award-winning immigration appeals attorneys use the following strategies to win cases:
- Filing a Timely and Detailed Notice of Appeal: You have a limited amount of time to file a Notice of Appeal after an unfavorable decision in an immigration case. If that Notice of Appeal is not filed with specific information, your appeal may be denied or delayed.
- Writing a Strong Brief: After you file a Notice of Appeal, you will have an opportunity to submit more detailed information in a written brief. This document allows you to present strong arguments in support of your appeal. The court will impose specific deadlines, which must be met.
- Making a Powerful Oral Argument: Your LA immigration appeals lawyer can request an oral argument in your case. This will allow your attorney to present additional explanations and ensure the judges understand your points. Your lawyer can also answer any questions that the judges may have regarding the information supporting your case.
These strategies have been proven in cases many times. To learn how Mr. Spolin and his team can use them in your case, call the immigration law firm of Spolin Law P.C. at (310) 424-5816.
- How Spolin Law P.C. Wins Immigration Appeals
- Filing a Notice of Appeal
- Writing Strong Briefs
- Making Powerful Oral Arguments
- Our Immigration Appeals Attorneys Will Fight for Your Rights
Filing a Notice of Appeal
The first step after an unfavorable decision in your immigration appeal case will be filing a Notice of Appeal with the Board of Immigration Appeals (BIA). You must complete all sections of a Notice of Appeal form in English, and the form must be signed. If you use a translator, a translator’s statement must be completed as well.
The Notice of Appeal will require specific details about why you disagree with the decision that was made in your case. You may also include an attachment to the Notice of Appeal form to go into greater detail.
If there is a question of law, then specific legal authorities must be cited on your Notice of Appeal. If you dispute facts, then the facts being challenged should be identified and corrected.
The proper form you will need for your immigration appeal depends on the type of case you are appealing.
When Should I Use an Immigration Appeal Form EOIR-26?
If you are appealing a decision from an Immigration Judge, you will file a Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26). This includes decisions in Immigration Court, including exclusions, deportation, and removal cases. You must file this form within 30 days after the Immigration Judge’s oral or written decision. It should be filed with the Board of Immigration Appeals (BIA) in Falls Church, VA. It must be accompanied with a $110 fee. A fee waiver request may be submitted on Form EOIR-26A.
When Should I Use an Immigration Appeal Form EOIR-29?
If you want to appeal a decision made by the U.S. Citizenship and Immigration Services (USCIS), you must use a Form EOIR-29. This form requests a review of decisions from a Department of Homeland Security (DHS) Officer, such as Form I-130 petitions for a relative/family member or a Form I-360 for Amerasian, Widow(er), or Special Immigrant. It also includes the denial of a green card. This form must be submitted within 30 days of a decision by the DHS Officer. This form must also be accompanied by a $110 filing fee.
If you have questions about how to file a Notice of Appeal or which immigration appeal form is right for you, contact Spolin Law P.C. at (310) 424-5816.
- How Spolin Law P.C. Wins Immigration Appeals
- Filing a Notice of Appeal
- Writing Strong Briefs
- Making Powerful Oral Arguments
- Our Immigration Appeals Attorneys Will Fight for Your Rights
Writing Strong Briefs
When you submit your Notice of Appeal, you can indicate that you will be following up with a written brief at a later date. The written brief will allow you to go into greater detail about why you think the unfavorable decision of the Immigration Judge or USCIS should be reversed. It also gives you more time to submit your information to the BIA.
A written brief will begin with an introduction discussing the history of your case. Your immigration appeal lawyer will summarize the facts for the BIA. Then, they will explain the law that should be applied to your case. If there are any persuasive legal cases with similar facts to yours, your attorney will mention those cases and draw comparisons. The BIA will be likely to follow prior case law where cases had similar facts as yours.
In a written brief, you can outline and detail your arguments regarding why the BIA should reverse the unfavorable decision and make a ruling that benefits you. It’s important to cite laws and point out facts that may have been overlooked by the lower-level immigration court.
- How Spolin Law P.C. Wins Immigration Appeals
- Filing a Notice of Appeal
- Writing Strong Briefs
- Making Powerful Oral Arguments
- Our Immigration Appeals Attorneys Will Fight for Your Rights
Making Powerful Oral Arguments
You may request an oral argument in front of the BIA judges. You must make such a request on the Notice of Appeal and include why you think your case warrants an oral argument before a three-judge panel of the BIA.
The Board will consider your request for an oral argument and either grant it or deny you the opportunity for an oral argument. In most cases, you must file a written brief in order to get an oral argument before the BIA.
During an oral argument, your Los Angeles immigration appeals lawyer can fully explain the information presented on your Notice of Appeal and in your written brief. The BIA judges will likely ask questions to clarify any information as well.
What If I Lose My Case at the Board of Immigration Appeals?
If the BIA does not make a decision that is favorable to your case, you can appeal that decision as well. In most cases, a BIA decision can be appealed to a U.S. Court of Appeals and then to the U.S. Supreme Court.
It’s important not to give up if your case gets denied at the BIA level. The U.S. Court of Appeals may be more likely to listen to your arguments of federal law, as they are bound to follow prior case law that is similar to yours. By working with a knowledgeable federal immigration appeals lawyer, you can fight to get the best outcome possible in your case.
- How Spolin Law P.C. Wins Immigration Appeals
- Filing a Notice of Appeal
- Writing Strong Briefs
- Making Powerful Oral Arguments
- Our Immigration Appeals Attorneys Will Fight for Your Rights
Our Immigration Appeals Attorneys Will Fight for Your Rights
When you are appealing an immigration decision, we know that your entire life is on the line. Whether you are trying to get your green card or help a family member come to the United States, the future is at stake. Don’t give up if you get an unfavorable decision. Contact an immigration lawyer at Spolin Law P.C. for help.
Attorney Aaron Spolin and his team of legal professionals use proven strategies to win cases just like yours. (Prior success in a case is not a “guarantee” of future success.) We win cases because:
- We know the law. Spolin Law P.C. is familiar with U.S. immigration law as well as cases that are persuasive to the BIA and federal courts. We know how to use strong written briefs and powerful oral arguments to persuade immigration courts.
- We know the legal process. Every court has different rules that must be followed. The deadlines associated with important documents must be met or you may lose out on your opportunity to appeal. We carefully handle every case to make sure it complies with court requirements.
- We know how to win. Spolin Law P.C. has a record of success. Our award-winning immigration lawyers carefully analyze the facts of every case and develop targeted strategies to win.
If you have questions about your case, contact Mr. Spolin and the legal team at Spolin Law P.C. at (310) 424-5816.