Thread by @DiegoATLAW

Q: So you lost in #immigration court / #EOIR. Do you get to appeal? If so, how?
A: Depends!

THREAD 1/

Let's assume: 1st time in #immigration proceedings at all, you claimed relief like asylum &/or cancellation of removal. If not, may differ2/

You have 30 days to appeal to the BIA. Appeal must reach within 30 days. Like, for real. BIA = Board of Immigration Appeals. It's in DC. 3/

#BIA receives appeals from #immigration court decisions, checks they're correct. Nrmlly takes no new evidence,mostly looks at case afresh 4/

Let's say you lose again. #BIA issues decision, you can appeal to a Circuit Court, eg the 9th Circuit which covers my region. Got 30 days 5/

There's eleven Circuit Courts that take #immigration cases. Which one depends where the immigration court that took your case is based. 6/

It's important to get that right. Do your research to check the Circuit Court that covers your case. 7/

Cases at the #BIA hardly ever take more than a year. Usually closer to six months I'd say. Circuit Court often much longer. 8/

Ok let's say you lost again, is there another Court to appeal to? Kind of: The US Supreme Court has no obligation to take your case 9/

That's important. Circuit Courts gotta talk your case unless it's filed late or has some other crucial problem. The Supreme Court doesnt.10/

Supreme Court only takes cases that they feel the need to hear because of national importance or disagreement btwn courts on wht law says11/

This is all broadly speaking and not legal advice of course. Not Twitter law school. 12/

Back to Circuit Court, again no new evidence - even more so here. Appeal a lot more limited, have to give agency benefit of the doubt 13/

That's what they call deference. Means generally that immigration judge and BIA have to mess up real bad before court will help you 14/

How much leeway they get depends on what part of the immigration judge or BIA decision you look at and other factors. 15/

*take. Sorry for typo. Not deleting as it will mess up sequence

Nevertheless, not a lost cause to appeal your case. Mistakes happen, & with time pressures especially #immigration judges make mistakes 16/

Mistakes may be because the judge applied the law incorrectly, did not conduct a fair hearing, or misunderstood the facts. BIA similarly.17/

important question: How to stay around for appeal? BIA provides automatic stays in certain situations. Stay=Govt cant enforce order yet. 18/

One important example: Appealing your removal order in your first ever removal proceedings. Other cases may have to ask BIA for stay. 19/

INTERLUDE: I focus my practice on appeals. This thread could go on for a long time. INTERLUDE/

You may have noted I say it depends a lot. That's because immigration law and procedure is complex. Good lawyers are good for that. 20/

At Circuit Court level, stays not automatic. Have to ask for them. 2nd,9th Circuits protect you while court considers stay. Others dont. 21/

Studies show 2nd Circuit pretty much always grants stays in immigration cases. 9th more variable. I hate that, no good reason for it. 22/

I tried to get Supreme Court to address this issue this year, and make stays easier. It was one of thousands of cases not taken up. 23/

In meantime, chances of stay depend on how good court thinks your case is, harm to you if deported, & public interest in deporting you. 24/

That can be hard. Good to get the Dept of Justice to not oppose a stay. If you don't get a stay, it becomes a tap dance to avoid removal.25/

Stays at the Supreme Court: Similar to Circuit Court but different test. 26/

Small note: Appeals to Circuit Courts in #immigration cases are called Petitions for Review . 27/

So that's starting the appeal and getting a stay. How about the appeal process itself? Like i mentioned, the BIA generally does not tale 28/

New evidence. No new witnesses, no new documents, outside some exceptions where these can be proposed, mainly through motions to reopen. 29/

BIA appeal is chiefly on the papers. Each side gets opportunity to present its case thru a brief, a document containing legal arguments. 30/

Oral argument: This is what TV lawyers do, stand in court and talk to the judge. You can do it at the BIA but it's optional. Appeal form 31/

Asks if you want oral argument. BIA is in DC and most cases are fat from DC so often too costly for appellants to send lawyer to DC 32/

But honestly I feel a lot more cases should get oral argument at BIA. Lawyers talk about law and how it applies to evidence during argmt 32/

It's not moving oratory. It's very technical, if done correctly. On asking for oral argument: Even if u ask for it, no free will get it. 33/

*No guarantee will get it. Will clarify in a further post. I blame my phone again.

To clarify: No guarantee BIA will invite you to give oral argument even if you ask for it. 33corrected/

Circuit Courts do oral argument too. Same thing. No moving oratory, all technical stuff. Some judges want it only for cases where helps 34/

Other judges just like clarifying effect oral argument has on th case & how process helps case come together. So no indication of chances35/

At least that's what Ninth Circuit says. Again even if you ask for oral argument, only happens if judges say it will happen. 36/

So that's overview of appeals process, for ppl in #immigration proceedings receiving their 1st removal order. Let's talk abt other cases 37/

What if you failed a CFI or RFI (defs follow) took it to the judge,who affirmed the asylum officer, what can you do? You can appeal too! 38/

CFI = Credible Fear Interview. RFI = Reasonable Fear Interview. Both = preliminary interviews bef you can make asylum or related claim 39/

Not in every case! Just in certain situations. Sounds weird and arbitrary? It as, and abusive too. Makes victims of persecution 40/

Have to tell their story again, again, and again. If the asylum officer says you fail the test, you go before a judge for reassessment 41/

*it is

If the judge agrees with the asylum officer, BIA won't take your case. Very important! Gotta go straight to the Circuit Court to appeal 42/

Law wasn't written to let BIA review this. Terrible and confusing, I know. What about expedited removal orders? No appeal. Only habeas 43/

Why is it so weird? #immigration hawks keep trying to make it hard to challenge decisions, courts find way to give some review. Cat&mouse44/

Lots of other scenarios. Avenues of relief vary, thread has become unmanageable, talk to a lawyer if you're in #immigration trouble 45/FIN