Miami BIA / Federal Appeals Attorneys

Revilla Law Firm, P.A. handles appeals to the Board of Immigration Appeals from any immigration court in the nation. A person has the right to appeal a decision of the immigration court to the Board of Immigration Appeals in Leesburg Pike, Virginia. A notice of appeal must be filed within 30 days of the Immigration Judge’s decision. Once a notice of appeal is timely filed, the BIA will issue a receipt confirming that the decision is on appeal. The BIA will then issue a briefing schedule along with the transcript of the proceedings that are being appealed. The briefing schedule indicates when the Respondent’s brief is due and when the Government’s brief is due.

The appellate brief should contain the factual and legal reasons that support the appeal of the erroneous decision. Once the briefing schedule is complied with and the briefs are submitted, one or three judges will read the briefs, review the record of proceedings, and issue a decision. The appeal may be sustained or dismissed. The case may also be remanded to the immigration court for clarification of the record, to issue a new decision, or to afford the Respondent to apply for relief previously unavailable.

Federal Appeals

Revilla Law Firm, P.A. handles appeals to the United States District Court for the Southern District of Florida and appeals to the 11th and 9th Circuit Court of Appeals. There are various circumstances where an immigration case can be addressed in Federal District Court, such as writs of mandamus and habeas corpus. In many circumstances, a decision from the BIA can be appealed to a Circuit Court of Appeals. A petition for review before a circuit court of appeals can be granted or denied. The case may also be remanded to the BIA for a clarification of the record, to issue a new decision, or to afford the Respondent to apply for relief previously unavailable.