Appellate practice dedicated exclusively to filing deportation appeals, motions to reopen, reconsider, remand and/or reissue before Immigration Judges or the Board of Immigration Appeals, and filing petitions for judicial review of deportation orders in all of the Federal Circuits of the United States. Although this website is designed mainly to assist immigration attorneys in their deportation defense practice, this website is also useful for noncitizens in deportation proceedings that are acting without attorneys as a source of valid information.
|Our Purpose: What do we want to accomplish in this website?|
This website is designed for informational and educational purposes only and to provide you, the reader, with an opportunity to become familiar with the immigration laws of the United States that relate to deportation and removal "appeals" or "appellate processes," including "motions to reopen", "motions to reconsider" or "motions to remand" for filing before either the Board of Immigration Appeals ("BIA") or with any of the 60 immigration courts throughout the United States. There are no similar websites in the internet today that offer the same or similar type of comprehensive information to noncitizens regarding the available appellate processes involving deportation and removal orders anywhere in the world-wide-web. The website is also designed to provide you the reader with an opportunity to become knowledgeable about the procedures by which the United States federal agencies that have jurisdiction over noncitizens in the US (i.e., the Citizenship and Immigration Services ("CIS") the Immigration and Customs Enforcement ("ICE") and the Customs and Border Protection ("CBP")) must follow in their daily adjudicatory, investigatory and enforcement interactions with noncitizens.
- Adjudicatory interactions involve adjudication of applications for immigration benefits filed by noncitizens or citizens on behalf of noncitizens such with any of the referenced agencies above. For example, applications for immigrant and nonimmigrant visas, applications for adjustment of status, applications for immigrant visas at US Consulates abroad, applications for waivers, applications for advance parole, applications for asylum and withholding of deportation, applications for cancellation of removal or suspension of deportation, applications for employment authorizations, applications for stay of removal, etcetera. The above referenced applications are required to be filed with the USCIS or USICE and are "adjudicated" for purposes of either granting or denying them, hence, they are adjudicatory functions or interactions between the applicants and the corresponding federal agencies.
- Investigatory and enforcement interactions on the other hand involve the detention, interrogation, arrests and prosecutions of noncitizens by these federal agencies before the Executive Office for Immigration Review (e.g., the Immigration Courts of the United States and the Board of Immigration Appeals). Because these agencies employ humans (agents) to carry out their daily investigatory and enforcement interactions with noncitizens, the likelihood that these agents will not follow the procedures that they are required to follow is significant, and more often than not, it will be the determinative factor in the appeal process. It is extremely important for a successful appeal therefore that a timely and careful scrutiny over those interactions of the agents with the noncitizen be conducted and properly recorded when they occur so as to preserve them for administrative and judicial review.
This website is written in plain and simple English. It intentionally dispenses of statutory and regulatory provisions of the Immigration and Nationality Act (the "INA") and of the applicable Title 8 of the Code of Federal Regulations (the "CFR"). And it does so because this web site is for readers like you, who wish to receive clarity of information, without needless complexities of the nomenclature employed by federal law enforcement agencies or immigration practitioners in the procedure and practice of immigration law.
This website is also not intended to cover an overview of all immigration laws, regulations or processes affecting noncitizens in the United States. Rather, it is designed exclusively to cover only those areas dealing with the federal agencies that have been delegated by the Congress of the United States (and the Attorney General of the United States) with the authority to enforce the deportation, removal and or exclusion of noncitizens. It aims at offering a window into the interactions and procedures of the federal government agencies when enforcing our immigration laws and at illustrating to noncitizens on what they should avoid when facing deportation, removal or exclusion from the United States.
Important Caveat: Readers Should Keep in Mind That for Just About Every Rule of Law on The Books ... Some of Which We Cover in This Website, There will Likely be an Exception (or Exceptions) That May Apply.
Although most of our immigration laws in the United States are well-settled and will apply to all noncitizens equally the same across our nation, some of these laws may be subject to exceptions. As a result, when you read a rule of law that we have posted or referenced in this web site, we do not intend that it be interpreted as if it is written in cement or is absolutely inflexible. To the contrary, the reader should consider the possibility that there might be an exception or more to any such rule.
Further below in this web site we inform the reader that although our immigration laws are intended by the Congress of the United States to be applied equally across the various states, in reality, it is the federal appellate circuit courts that have the ultimate authority to decide whether the laws enacted by Congress are constitutional, or not. But there are eleven separate federal appellate circuits in the United States designed to interpret immigration laws, and because they are free to disagree in interpreting these laws they are not uniformly construed by the eleven circuits. This results then in unavoidable variances between the federal circuits as to what a particular law is, or is not, making an immigration law enforceable in some circuits while unenforceable in others until the Supreme Court of the United States intervenes and decides what the law is. The reader therefore should consult with an immigration expert to determine his or her individual likelihood at prevailing in defeating the government's attempt to effect his or her deportation from the United States depending on the noncitizen's particular state where he or she resides.
Example: until July 14, 2011, if a noncitizen was convicted of a simple drug possession related crime and was lucky enough to have been a resident of one of the states (when appearing before the office of the immigration judge) under the jurisdiction of the U.S. Court of Appeals for the Ninth Circuit, his conviction for simple possession of a controlled substance would be treated differently (more favorable) than a conviction for the same or similar offense would be treated by another federal circuit court, on grounds of equal protection, if the noncitizen was a resident of a different state. The Ninth Circuit reversed itself in Nunez-Reyes v. Holder on July 14, 2011 joining the rest of the federal circuits finding that a conviction for a controlled substance that has been expunged remains a conviction for purposes of immigration law.
We are very grateful that you find this web site useful.
The Management. Immigration_AppealWorks®