Appeals - Cristina M. Hughes Esq, Immigration Law

Your Fight Doesn’t End with a Denial

Receiving an unfavorable decision from an Immigration Judge or USCIS can be devastating. The U.S. immigration system allows for multiple levels of review to make sure that the law was applied correctly and that your rights were protected. Whether your case was denied in court or by a government agency, there is often a path forward.

Our immigration law attorneys specialize in high-level litigation and appellate work, providing the persistent advocacy needed to challenge incorrect rulings. We believe in keeping families together and will fight to make sure every legal error is addressed.

The Critical Importance of Timing

In immigration appeals, the clock starts ticking the moment a decision is rendered. For both the Board of Immigration Appeals (BIA) and the Ninth Circuit Court of Appeals, you typically have only 30 days to make sure your appeal is officially received. Missing this window can result in the permanent loss of your right to challenge the decision.

Our Clear, Step-by-Step Process

Record Analysis

We meticulously review the Immigration Judge’s decision and the court’s transcripts to identify specific legal or factual errors that occurred during your case.

Strategy Development

We determine the most effective level of appeal to achieve your goals, whether it’s a Motion to Reopen, a BIA appeal, or a Petition for Review in the Ninth Circuit.

Persuasive Briefing

Our team crafts comprehensive legal briefs that highlight errors in the previous ruling, citing current case law and statutes to support your right to stay.

Case Monitoring

Appeals can take years. We provide ongoing support, updating your strategy if your life circumstances change while the appeal is pending.

Full Support for Your Journey

Appeals are a marathon, not a sprint. It is common for resolutions at the BIA or Ninth Circuit levels to take a couple of years. During this time, your legal status and eligibility can shift. Our priority is to keep you informed and prepared throughout this waiting period.

We don’t just file paperwork, but also act as your long-term legal partners. If you experience a major life event while your appeal is pending, we evaluate how that change affects your case and determine if there are any new avenues for relief that didn’t exist when your journey first began.

Why Work with Us

Winning an appeal requires a different skillset than a trial. It demands academic rigor and a deep understanding of complex legal precedents. When you work with us, you get:

Attorneys with more than 30 years of combined experience in immigration law, applying their knowledge to your case
Personalized guidance tailored to the specifics of your court case
Clear communication and preparation for every hearing
Expertise in BIA and Ninth Circuit litigation
Strict adherence to 30-day filing deadlines
Proactive updates as your circumstances change

Our Appeals Services

BIA Appeals

Ninth Circuit Petitions

USCIS Reconsideration

Motion to Reopen

Motion to Reconsider

Administrative Appeals (AAO)

Stays of Removal

Remands & Rehearings

Frequently Asked Questions

What happens if my immigration case is denied by an Immigration Judge?

If your case is denied, you may be able to appeal the decision with the Board of Immigration Appeals (BIA). We will assist you in submitting the appeal and exploring additional options, including further appeals to the Ninth Circuit Court.

How long does it take to get an appeal decision from BIA?

Appeals can take up to several years for a final decision. During this time, it’s crucial to inform your attorney of any changes to your situation, such as a change in marital status.

What options do I have if USCIS denies my application?

If USCIS denies your application, you may be eligible for a motion to reopen or reconsider the decision. Our team will help you understand your options and guide you through the process.

How much time do I have to file an appeal after a decision?

Timing is everything in appellate law. For most Immigration Judge or BIA decisions, you have exactly 30 days from the date of the ruling to ensure your appeal is received. However, for a Motion to Reopen, you generally have 90 days from the date of the final order. If these deadlines are missed, you may lose your right to challenge the decision permanently. Our team monitors these deadlines strictly to ensure your right to a review is protected.

What is the difference between the BIA and the Ninth Circuit?

The BIA (Board of Immigration Appeals) is an administrative body that reviews decisions made by Immigration Judges. The Ninth Circuit is a federal court that reviews decisions made by the BIA. If the BIA does not rule in your favor, the Ninth Circuit provides a final level of judicial review. We have the expertise to represent you at both levels of the appellate process.

Can I stay in the United States while my appeal is pending?

In many instances, filing a timely appeal to the BIA provides an automatic stay of removal. However, filing a Petition for Review with the Ninth Circuit does NOT automatically stop a deportation. To remain in the country while a Ninth Circuit case is pending, we must specifically file a Motion for a Stay of Removal. The court may then grant a temporary administrative stay while they consider our request. We will evaluate your situation to ensure you have the necessary legal protections.