Appeals to the United States Court of Appeals

If a non-citizen has been ordered removed and deported from the United States by an Immigration Judge, and that person has appealed to the Board of Immigration Appeals, and their appeal has been denied by the BIA, then an appeal can be filed within 30 days of the BIA decision to the U.S. Court of Appeals, which sits over(presides over), has jurisdiction over where the Immigration case was decided. The Appeal must be filed within the 30 days, and is accomplished by a Petition For Review, and the proper filing fee which is currently $500.00. These Appeals require in most Circuit Courts, the separate filing of a stay of removal motion with the Court in which the person filing must prove that the person is likely to eventually win(prevail) in his/her case, and that there are no good reasons why the stay of removal should not be granted. Appeals of this nature, are complex, require legal assistance without a doubt, and are expensive in terms of legal fees. Attorney Daniel M. Pell, Esq., has undertaken many of these Court of Appeals Petitions for Review and Motions for Stay of Removal. These appeals are in almost every instance the final appeal, although technically, a person who has been ordered removed can request a final review of that order if the Supreme Court of the United States agrees to hear the case. In order to invoke the jurisdiction of the Supreme Court, a Petition for Certiorari must be filed with the Clerk of the Supreme Court, usually within 90 days of the Court of Appeals’ decision, with a separate application for stay of removal. Needless to say, such appeals are rare, and are rarely successful, but should be brought if important questions of Constitutional Law or Federal Law are involved.