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Immigration Appeals

April 25, 2012

New York Immigration attorney Susan B. Henner is ready to represent individuals facing a variety of immigration issues such as removal, visa overstay, and deportation.

The highest administrative body for interpreting and applying immigration laws is The Board of Immigration Appeals (BIA). With up to 15 Board Members, including the Chairman and Vice Chairman who share responsibility for BIA management, the BIA decides appeals by conducting a "paper review" of cases.

Generally, the BIA does not conduct courtroom proceedings, but will hear oral arguments of appealed cases on special occasions at its headquarters in Falls Church, Virginia. The Law offices of John E. MacDonald Inc,. will assist you in presenting your Immigration Appeals against any decisions rendered by immigration judges regardless of whether you are an alien, a citizen, or a business firm.

How an Immigration Appeal works

The Board of Immigration Appeals generally reviews cases that involve orders of removal (deportation) in addition to applications for relief from removal. The majority of cases are reviewed by a single selected board member, although there are certain types of cases that are handled by special panel of three. Most appeals are the result of:

  • A need to clarify the meaning of a law or procedure, which will be followed in future cases

  • An inconsistency between the law and a decision made by an immigration judge or DHS officer.

  • A nationally relevant or controversial case widely considered to hold national importance

  • A mistake, or factual error made by an immigration judge

  • An inconsistency in the rulings between two or more immigration judges

If you wish to Appeal

The most typical of appeals that reach the BIA involve orders of removal and applications for relief from removal, and has standardized the process to some degree. If you or a loved one is an immigrant in the state of New York and are now facing deportation, you have the right to appeal the BIA. Please contact New York Immigration attorney Susan B. Henner today at 1-888-733-0141 or (914) 358-5200. If you wish to contact Susan by email please write to: Susan@sbhenner.com.

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