Deportation Defense 9th Circuit Court of Appeal

If the Board of Immigration Appeals (BIA) or the Immigration Judge denies your case, you may ask the Ninth Circuit Court of Appeal’s to review the decision by filing a Petition for Review. The Ninth Circuit Court of Appeals is a federal court, which looks carefully at the decision of the Immigration Judge and the Board of Immigration Appeals to make sure the agencies did not make an error in the decision.

The Ninth Circuit Court of Appeals has jurisdiction to review “a final order of removal.” There are usually two types of immigration-related appeals heard by the Ninth Circuit, which include, but not limited to:

• Denials of Asylum
• Removal Orders after a Criminal Conviction

Filing Deadline

You must file the Petition for Review within 30 days of the BIA or Immigration Judge’s Decision or else your appeal will be waived, and you will be subject to deportation. 

Stay of Deportation

When filing the Petition for Review, you can also file a motion to stay removal, and if the motion is granted, you cannot be removed from the country until the court decides your case. More importantly, you may be eligible to keep and renew your work permit.

Process

The Petition for Review is mostly a “paper-process” which means that the arguments of why the agency was incorrect in its decision is submitted via a written brief. The entire appeal can take on average of 1-2 years until a decision is issued in your case. Towards the end of the process, the Ninth Circuit Court may decide to schedule “Oral Arguments” in which case, either you, or your attorney, will appear before a panel of Ninth Circuit Judge’s to present your arguments. However, oral arguments are not scheduled for most cases. 

Decision

If your Petition for Review is denied, you do have the option to file a Petition for Panel Rehearing asking the Court to reconsider its decision; however, these petitions are difficult and rarely granted. If your Petition for Review is granted, the Court often times will remand your case back to the BIA or the Immigration Judge to reconsider its decision. 

If you need assistance with your Ninth Circuit Appeal, or would like more information, contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com