If you lose a case before the Board of Immigration Appeals, the next step in preventing your deportation is to file a petition for review in the U.S. Court of Appeals. A petition for review must be filed within 30 days of the Board’s decision. The person who files the petition for review is called the petitioner. The Government is referred to as the respondent.
Just like at the Board of Immigration Appeals, no testimony is taken in a petition for review. A petition for review involves the Court of Appeals reviewing the decisions of the Board of Immigration Appeals and the Immigration Judge for errors. This is done by submitting a written brief explaining the errors that were made by the Board and Immigration Judge and by oral argument.
Oral argument before the U.S. Court of Appeals is a very different kind of court hearing than most people are used to. An oral argument before the U.S. Court of Appeals is held before three judges. Counsel for the petitioner and the respondent are given a set amount of time to speak. In the Second Circuit, this could be anywhere from 8 to 12 minutes. The petitioner is allowed to reserve time for rebuttal.
It is normal for the judges to ask questions during the oral argument.
Why You Should Hire Me to Do Your Petition for Review
I have won thirteen cases before the U.S. Court of Appeals that have resulted in precedent decisions.
I consider this to be a remarkable accomplishment as I do not know many attorneys that have successfully litigated this many precedent decisions.
I have negotiated favorable settlements for my clients in dozens of cases.
I have been asked to teach thirteen continuing legal education courses to immigration lawyers on how to litigate petitions for review.
I have been on panels for continuing legal education courses for petitions for review with judges from the Second Circuit and the legal director of the Second Circuit.
I have been asked to be on the AILA Amicus Committee and the Advisory Committee to the Legal Action Center of the American Immigration Council based upon my success with petitions for review.
I am admitted in the following U.S. Court of Appeals: First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Sixth Circuit, Ninth Circuit, and the Eleventh Circuit.
Thus, not only can I take petition for review cases in New York, I can take petition for review cases throughout most of the country.