Motions to Reopen & Appeals
We understand how devastating it can be to lose a case. Depending on the situation, you may be able to appeal, but you will need the help of an experienced law office like Sokhn Law to help you through the process. You have several options, depending on your case, and we can help. Contact us today at our San Jose or San Francisco office. Sokhn Law stands ready to help.
Motions To Reopen
If your case was denied by the Immigration Judge or Board of Immigration Appeals, and you have new evidence to present, or if you feel that your former attorney did not represent you adequately and this negatively impacted your case, you may need to file a Motion to Reopen your case.
A Motion to Reopen is different from an appeal, and it can be a highly effective tactic. If you have evidence that was not presented that might change the result in your case, you may need to file a Motion to Reopen. This motion can be used for cancellation of removal, waivers of inadmissibility, asylum, adjustment of status and many other immigration remedies.
Board of Immigration Appeals (BIA)
Sometimes, the USCIS denies applications or petitions or takes other adverse action. The Immigration and Nationality Act and its associated regulations give many recipients of negative decisions the right to challenge those outcomes. These challenges take place before an administrative tribunal rather than in a courtroom, known as the Board of Immigration Appeals (BIA). It is important to be represented by counsel in such a proceeding, as the rules and strategies in immigration proceedings are numerous and complicated.
Sometimes, an Immigration judge will rule unfavorably in your case. You have a right to appeal that decision. An appeal of an Immigration Court ruling will generally involve a challenge to the legal reasoning supporting that ruling. In some cases, the law is misinterpreted; in others, we may argue that the court overlooked evidence in the record that led to an erroneous decision.
Sokhn Law has extensive experience in successfully appealing negative decisions made by USCIS or an Immigration Judge. If you have received an adverse decision on your petition or application to USCIS or by an Immigration Judge, it is essential you contact an attorney immediately in order to meet filing deadlines. We will analyze your case, give you an honest assessment, and if feasible, will advocate vigorously in order to reverse the negative decision in your case.
Federal Court Appeals
We have successfully litigated or appealed hundreds of decisions in the Federal Courts. If your case was denied by the Board of Immigration Appeals, you have the right to appeal that decision to a Federal Court of Appeals in your Federal Circuit.
If your case is pending with CIS, but CIS has delayed in issuing a decision in your case, you may be able to file a writ of mandamus in federal district court asking a federal judge to order CIS to finalize your case. At Sokhn Law, we can help you resolve delayed decisions on these applications.
Disclaimer: The Law Office of Dina M. Sokhn has prepared this website and the contents contained therein solely for informational purposes. The contents of this website are not to be considered legal advice. Neither this website, nor access to or receipt of the information therefrom, is intended to create or constitute a lawyer/client relationship. This website is not intended as a substitute for legal counsel, and no one should act upon any information contained in this website without seeking legal counsel.