We have all heard in the news that immigration enforcement actions by U.S. Immigrations and Custom Enforcement (ICE) and other immigration agencies are on the rise, but it is also the case that deportations have been increasing over the last decade. Millions were deported during the Obama administration and the LA Times reports that the Trump administration could be targeting up to 8 million people for deportation. Based on our constitutional rules of due process, an order for removal/deportation is necessary before this can occur. Which leads to the question of whether such an order can be appealed before it is enforced.
Appealing Your Removal Order Before the BIA
A person who receives a removal order can appeal that order before the Board of Immigration Appeals (BIA), an administrative body that hears appeals from immigration judges and Department of Homeland Security (DHS) proceedings. The BIA primarily reviews removal proceeding appeals on a “paper review” basis, which means the members of the BIA will remove documents submitted on appeal but will rarely hear oral arguments on the matter.
The BIA’s decisions on whether a removal order is justified will be binding on an immigration judge and all DHS officials, thus if the BIA does overturn your removal order, you cannot be further ordered and/or targeted for removal without further proceedings.
There is a long backlog of cases before the BIA, but, in many cases, an appellant can obtain a stay to prevent the DHS from enforcing an order for removal, exclusion, or deportation.
Appealing Your Removal Order in Federal Court
Should the BIA not grant you the relief you seek, the federal courts can review a BIA decision and provide further relief. Likewise, the federal government may appeal a BIA decision to the federal courts.
Help With Civil and Criminal Appeals in California
If you believe you received an improper outcome in a civil or criminal trial, you may be able to successfully appeal. The Law Office of Corey Evan Parker is focused on the civil and criminal appeals process in Washington and California. Feel free to contact Mr. Parker today for a no obligation 30 minute consultation regarding your matter.