Appeals
       
       
        At Pozo Goldstein, LLP our Atlanta immigration attorneys handle immigration
	 and federal appeals. Attorney Steven Goldstein, a former United States
	 Immigration Prosecutor has appeared personally before the Eleventh Circuit
	 Court of Appeals in Atlanta to argue immigration cases.
       
       
        The Board of Immigration Appeals, located in Falls Church, Virginia, hears
	 all appeals of from the Atlanta Immigration Court and the Atlanta United
	 States Citizenship and Immigration Services regarding family-based I-130
	 petitions.
       
       
        The Board of Immigration Appeals is part of the United States Department
	 of Justice. The Judges are appointed by the Attorney General of the United
	 States. Once an appeal is filed on a document known as a “Notice
	 of Appeal”, the Board issues transcripts of the entire removal proceedings
	 to each party and sets briefing dates when the legal briefs are due. In
	 some cases, the Board will grant 21 day extensions to file a brief if
	 requested by either party in a timely basis.
       
       
        The Board usually does not require oral arguments, although there is a
	 provision for it. An appeal case can be decided by a single judge or a
	 panel of three judges at the Board. The Board must give deference to the
	 Immigration Judge in each case and applies a “clearly erroneous”
	 standard of review. This means that the Board cannot overturn the decision
	 of the Immigration Judge unless it is so clearly wrong that it must be
	 reversed or modified. The Board also does not generally consider new evidence
	 that is not already in the record of proceedings when deciding on an appeal.
	 The Board may, however, remand the case back to the Immigration Judge
	 for additional fact-finding.
       
       
        If the Board of Immigration Appeals agrees with our arguments, the Board
	 will reverse the opinion of the Immigration Judge and grant the form of
	 relief sought. If the Board agrees with the Immigration Judge and does
	 not disturb the opinion, there are further appellate options. First, a
	 Motion to Reconsider can be filed with the Board within 30 days of their
	 decision. The Motion to Reconsider must state why the Board made a mistake
	 of law and ask them to reconsider their decision based on this mistake of law.
       
       
        Board of Immigration Appeals issues both unpublished and published decisions.
	 Unpublished decisions are generally not binding on the immigration courts
	 throughout the United States. Published decisions, however, are binding
	 on each and every immigration court throughout the United States including
	 the Atlanta Immigration Court.
       
       
        If the Board dismisses the case, you have the option of further appealing
	 the decision to the appropriateFedreal Circuit Court of Appeal. In Atlanta,
	 the Circuit Court of Appeal is the Eleventh Circuit. The Eleventh Circuit
	 has jurisdiction to review certain Board of Immigration Appeal cases depending
	 on a question of law. The Eleventh Circuit generally does not have jurisdiction
	 to review discretionary decisions made by Immigration Judges and the Board
	 of Immigration Appeals. When filing an appeal with the Federal Circuit
	 Court of Appeal, there are strict filing and time sensitive deadlines
	 including, but not limited to, 30 days from the date of the Board decision
	 to file the appeal. The Federal Circuit Court may require oral arguments
	 from the parties in certain cases. If the Federal Circuit Court of Appeal
	 does not find in your favor, you may ask the Supreme Court of the United
	 States to hear your case.