Ninth Circuit Appeals
Anyone involved in the immigration law environment, whether as a lawyer or a client, will notice quickly that immigration court is different from other US courts. For example, there are few, if any, rigid procedural rules. While most federal judges are voted upon by the Senate, an Immigration Judge (“IJ”) is chosen exclusively by the Executive branch, and his or her rulings often reflects the attitudes of the President appointing them. This is because immigration courts are not independent “courts” at all- they part of a collection of administrative agencies charged with applying U.S. immigration laws. This includes the Board of Immigration Appeals (or “BIA”), located in Falls Church, VA, which hears appeals from Immigration Judges’ rulings.
At some point, however, you do have the right to have your case presented to a panel of federal circuit judges. An immigrant who receives an adverse decision from the BIA may appeal it to the local Circuit Court of Appeals. For anyone in the western states, including California, Arizona, Nevada, Washington and Oregon, your appeal must be to the Ninth Circuit Court of Appeals. The bulk of Ninth Circuit immigration appeals come from one of two types of cases. The first type is denials of asylum; the second type is removal orders following a criminal conviction. If your case falls within either of these areas, it is important to understand several points, even before you have to decide whether to appeal, there are Five (5) things you need to know about your Ninth Circuit Appeal:
1. The Ninth Circuit cannot review every error in your case.
2. The Ninth Circuit hears lots of cases like yours.
3. Wait times can be very long.
4. Few cases receive an oral argument or lengthy decision.
5. You don’t automatically get to stay in the U.S.
Because the Supreme Court almost never takes immigration cases, the Ninth Circuit is your final chance to appeal an adverse immigration ruling. Even if your appeal succeeds, and the case is sent back to the agency, you will still need to win again there in order to stay in the U.S. Law Offices of Ashwani K. Bhakhri is equipped to help you from the beginning of your immigration case right up through the Ninth Circuit appeal. Do not hesitate to contact us at 650-697-0346, no matter what your circumstances!
Publications:
. Maharaj v. Gonzales (decision by three judge panel)
. Maharaj v. Gonzales, 460 F.3d 1102 (9th Cir. 2007) (en-banc);
. Sinha v. Holder 564 F.3d 1015-1021 (9th Circuit 2009)
. Singh v. Ashcroft (367 F.3d 1182 (9th Circuit 2004)
. Singh v. Ashcroft, 393 F.3d 903 (9th Cir. 2004)
. Singh v. Ashcroft 301, F3d 1109
Links:
• United States Court of Appeals for the Ninth Circuit
• Ninth Circuit Federal Courts of the West