Appeals/Writs

Immigration Appeals

Immigration appeals are different from appeals in local courts.
If an immigration judge rules against non-citizen, one avenue of appeal involves the Board of Immigration Appeals in Falls Creek Virginia.

Board of Immigration Appeals Website
Board of Immigration Appeals Decisions

The appeal will be heard, in most cases, without the person being present. If the decision is lost, the Federal Circuit Court covering the area can hear the appeal

In Northern California, we are in the 9th Circuit.

Federal Circuit Court Website
9th Circuit Website

Appeals in immigration cases may take years. In many cases the person can remain in the United States during the pendency of the appeals process.

Strict Time Limits Must Be Adhered To: Don’t Delay. Contact Our Office Immediately.

Writs

This is an Old English word that means to write. But in a legal context it really means “to command in the name of the court.”

In some cases, if there is an extreme delay, or a lack of required action on the part of the US Government, there can be relief via a “Writ of Mandate.” This is a situation where writ relief may be possible.

In the writ process the petitioner requests that the court order the executive branch of the government to take the action that it should, or to stop doing what it should not do.

In the past there was a “Habeus Corpus Writ” that could be used to in immigration cases. However, this was changed with the REAL ID ACT.

Call (831) 458-1011 To Discuss Retaining Immigration Attorney JP Lavallee