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The immigration process is often stressful and complicated for those involved, and if their application is denied, their situation may feel hopeless. If this describes your circumstances or a loved one’s, there is hope. Our immigration appellate lawyer in DC from The Federal Practice Group has had tremendous success helping clients overcome the hurdles of appealing a denial. We may be able to help you as well, whether you have received a deportation order, a visa denial, or an asylum denial. Call us today to arrange a free consultation with our immigration appellate lawyer in DC who can review your case and provide confidential guidance.

What is the role of an immigration appellate lawyer in DC?

When an immigration applicant loses their case in a court hearing, or their application was denied, they have the legal right to appeal the ruling. If our immigration appellate lawyer in DC handles your case, our firm will represent you and handle all of the requirements for pursuing an appeal. However, there is a limited amount of time that you have in which to appeal your case so do not delay in contacting us.

What is the Board of Immigration Appeals?

This is an agency under the wing of the U.S. Department of Justice. One of their mandates is to consider appeals of immigration decisions. If your immigration application was denied, or you received a ruling on a related matter that was unfavorable to you, our immigration appellate lawyer in DC can represent you. The jurisdiction of the Board of Immigration Appeals includes, but is not limited to, the following matters:

•        An immigration bond denial.
•        Deportation orders.
•        Reopening an immigration case.
•        Withholding of removal.
•        Asylum (with some limitations).

What is the Administrative Appeals Office?

This agency reviews rulings made by officers of the U.S. Citizenship and Immigration Services. They consider appeals on more than 50 types of immigration processes and applications. This includes the following types of appeals which you can pursue with the assistance of an immigration appellate lawyer in DC:

•        The majority of immigrants and non-immigrants visa petitions and employment-based applications.
•        Temporary Protected Status.
•        Waiver applications on grounds of inadmissibility.
•        Fiancée and fiancé visas.
•        Post-deportation application for permission to reapply for admission to the U.S.

What is the role of a federal court in terms of immigration appeals?

With some exceptions, rulings by the U.S. Citizenship and Immigration Services and the Board of Immigration Appeals can be further appealed by the appropriate federal appellate court which is jurisdictional based. Your immigration appellate lawyer in DC will determine which federal court that might be, should it be necessary to escalate your case.

If your immigration matter or application was denied, contact our legal team immediately at The Federal Practice Group Our firm handles all immigration related issues including deportation, and we also deal with post-conviction relief for family-based adjustments. We also represent immigrants who have been charged with deportable crimes. Contact us today to request a free and confidential case review with an immigration appellate lawyer DC immigrants turn to when they need quality legal representation.

What Are My Rights in Immigration Court?

As a DC immigration appellate lawyer can attest, there has been much controversy surrounding the actions of Immigration & Customs Enforcement (ICE) and how members and policies of this federal agency have taken on an unfair – and sometimes cruel – approach to how documented and undocumented immigrants are being treated. In the United States, even those immigrants who are undocumented have rights under the law. Everyone – citizens, documented immigrants, and undocumented immigrants – are all entitled to due process.

At The Federal Practice Group, each DC immigration appellate lawyer has seen an increase in the number of cases involving ICE, especially those immigrants who have been taken into custody. If you or a loved one are facing charges, contact our office to find out how our extensive legal experience and expertise in immigration law can help.

What Types of Due Process Are Undocumented Immigrants Entitled To?

Many of the rights that undocumented rights have are a result of different court cases, rather than the passage of federal laws. Some of the more well-known rights that are in place because of the rulings of the U.S. Supreme Court include:

•        First Amendment protections, such as freedom of assembly
•        Fourth Amendment protection against unreasonable search and seizures
•        Sixth Amendment protections, including the right to have an attorney if they have been arrested and the right to a speedy trial
•        Fourteenth Amendment protection, which guarantees equal protection and due process
•        All children have the right to attend school, including those who are undocumented

The problem with due process and the rights that all who are within America’s borders have, regardless of status, is that although these rights are very clear and defined in criminal court, they are not so clear when the individual is facing charges in immigration court. Although there is case law which states that any individual who is being threatened with deportation is entitled to a hearing, the standards that are required for that hearing are not the same as those standards which are required in criminal court. This is why it is critical to consult with a seasoned DC immigration appellate lawyer.

In criminal court, for example, the Sixth Amendment states that any person facing criminal charges has the right to have an attorney represent them and if they cannot afford an attorney, the courts will appoint one. However, this right does not carry over to an undocumented immigrant facing a deportation hearing. This is because immigration court is civil, not criminal. So, although an individual can have an attorney represent them, they will have to obtain that attorney on their own.

There is also the issue of bond hearings. If a person is charged in criminal court, they have the right to a bond hearing where the court will consider whether or not that person can be freed on bond until their trial/hearing. There is no such guarantee in immigration court. The only right an individual has in immigration court is the right to a deportation hearing. That person can be held in a detention center until the hearing date, no matter how long that takes.

For more information on deportation hearings or other immigration issues, contact The Federal Practice Group today to set up a free consultation with a skilled immigration appellate lawyer DC clients recommend.