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 Legal Services

Motions and Appeals
What happens if you are ordered removed by an Immigration Judge or have an application for an immigration benefit denied by U.S. Citizenship & Immigration Services? The attorneys at Durkin & Puri can guide you through the appeal process and let you know your rights as well as the filing deadlines.

If an Immigration Judge has refused to grant you relief in a removal hearing, you can reserve appeal of that decision and file a Notice of Appeal to the Board of Immigration appeals within 30 days from the Immigration Judge's decision. Your lawyer will later file a written brief fully explaining the various legal and factual arguments in support of overturning the judge's decision. Sometimes, a motion to reopen might be the best option in your case. Motions to reopen usually need to be filed within 90 days from the date of the Immigration Judge's decision in your case. The central purpose of a motion to reopen is to introduce new and additional evidence that is material and that was unavailable at the original hearing. A motion to reconsider seeks a reexamination of the decision based on alleged errors of law and facts.

If an application is denied by U.S. Citizenship & Immigration Services, there are various appeal rights depending on what type of underlying application you filed. Some appeals get filed with the Administrative Appeals Office while others go to the Board of Immigration Appeals. Still others can be reviewed by an Immigration Judge. In order to understand your appeal rights in this confusing area, it is critical to get the advice of an experienced immigration attorney.

If you have been denied an immigration benefit or been ordered deported, please call one of the partners at Durkin & Puri for help assessing your case and whether you can appeal or file a motion to reopen or reconsider. Remember to bring us as much of your paperwork as possible so that we can see what has happened already in your case. For more information or to schedule a consultation with Durkin & Puri contact us.
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