Immigration case. Illustration purposes only.
Shelle-Ann Simon

Shelle-Ann Simon

I lost my immigration case: What you can do now and how to get the best deportation defense

If you just lost your immigration case, don’t despair! You still have a chance to appeal and build a stronger case with the help of a deportation defense attorney.

Many people go into complete despair when they find out that they lost their cases in immigration court. But you must stay on your feet, keep fighting, and don’t take no for an answer.

There are two main avenues by which you can ask for an appeal of the decision that the judge has given you. Depending on why your case was rejected, with the help of an experienced deportation defense attorney, you might still have a chance to revert the court’s decision.

After losing your immigration case, you can either appeal the judge’s decision, or request that the case be reopened to present new evidence. This last option is also suitable if you suspect that your lawyer has not done a good job and you think that with another professional the case could be resolved in your favor.

How can I appeal my immigration case?

If the decision made by the judge on your case in immigration court doesn’t seem fair considering the evidence you already presented, do not hesitate to file an appeal! This way, you will be requesting that a higher court review the decision on your case. But remember that you must present arguments and pertinent evidence justifying the reasons why you consider that a higher court should reevaluate your situation.

To ensure that you are doing everything in a correct and timely manner, we highly recommend that you get professional help. The advice of an expert deportation defense attorney on the subject will be essential to show clearly to the court each of the arguments that justify your appeal. Otherwise, your appeal request could easily be rejected.

Immigration case. Illustration purposes only.

When should I appeal my immigration case?

In deportation cases, the Board of Immigration Appeals (BIA) must receive the notice of appeal within less than 30 days after the immigration judge makes its decision. To calculate the thirty (30) days, the day the Board received the appeal is considered, not when you mailed it.

How can I get my immigration case reopened?

Requests to reopen immigration cases are a good opportunity for people who lost their cases in immigration court to present new evidence (or modifications) that was not previously available.

Generally, this comprises evidence that the person did not know existed or that even did not exist at the time of the original hearing. For the reopening to be accepted, relevant evidence must be provided to support the claim in question.

What is the deadline to request that my immigration case be reopened?

If you wish to request that your case be reopened in immigration court, you must file the petition within 90 days of the date the deportation order was issued. However, there are some exceptions that can lengthen this period and allow for a longer amount of time. A deportation defense attorney will be able to inform you in detail and assess whether your case qualifies for any of these extensions.

Immigration case. Illustration purposes only.

How do I know if my immigration attorney did a good job?

Most of the complaints that people have with their attorneys fall into one of four categories. Unfortunately, it is not uncommon to have more than one problem.

To know if your immigration lawyer is doing his job properly, we recommend you consider these four aspects:

  • Communication: You must be informed about what is happening with your immigration case. It is important that between you and your attorney there is fluid communication. A good attorney should take its time to explain what is happening and solve your doubts about the process.
  • Ethics: An ethical lawyer must represent his clients with fidelity and loyalty, maintain confidentiality, stay within the limits of the law, and put the interests of his clients before his own.
  • Competence: Not having won the case does not mean that your lawyer did his job wrong. However, if your attorney made mistakes that no other reasonable attorney would have made and you lost money, time, and opportunities because of it, it is a case of professional negligence and you have the right to claim for it.
  • Clear rates: When closing a contract with a lawyer, it is very important that the fees are detailed in writing and clearly so that you can understand what each of the fees charged corresponds to.

If you are in need of an experienced and trustworthy deportation defense attorney, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-5362!

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