Can You Win a Deportation Appeal? Here’s the Real Success Rate
Shawn Sedaghat, Esq.
Deportation is a scary prospect for any immigrant facing removal from the United States, but the good news is that there are options to appeal this decision.
If you’re wondering about your chances of winning a deportation appeal, you’re not alone.
Many individuals in immigration proceedings are asking the same question.
In this guide, we’ll break down the deportation appeal success rate, what happens in immigration court, how to navigate immigration appeals, and provide actionable steps you can take to improve your chances.
Whether you’re an asylum seeker or facing removal for other reasons, this article will cover everything you need to know about appealing a deportation decision. Let’s get started!
What is a Deportation Appeal?
A deportation appeal is the process of challenging an order of removal made by an immigration judge.
If you’ve been ordered to leave the U.S., you can file an appeal to the Board of Immigration Appeals (BIA).
This is your chance to argue that the immigration judge made a mistake in applying the law or that new evidence could change the outcome of your case.
Essentially, you’re asking for a second look at your case.
Key Points to Know About Deportation Appeals:
- Appeals Deadline: You must file your appeal within 30 days of the judge’s decision.
- BIA Review: The BIA will review the decision made during your initial hearing and determine if any legal errors were made.
- Potential Outcomes: The BIA can reverse the decision, uphold it, or send the case back to the immigration court for further review.
Now that you understand what a deportation appeal is, let’s move on to the next big question: Can you win?
What is the Deportation Appeal Success Rate?
The deportation appeal success rate is a critical factor to consider when filing an appeal. According to recent data, only around 20% to 30% of deportation appeals are successful.
That might sound discouraging, but it’s important to remember that each case is unique.
With strong legal representation, thorough preparation, and proper evidence, many individuals can increase their chances of success.
Why Are Success Rates So Low?
The deportation appeal success rate is relatively low for several reasons:
- Lack of Strong Legal Arguments: Many appeals fail because they don’t provide a compelling argument that the immigration judge made a mistake.
- Insufficient Evidence: Appeals need solid documentation to support the claim that the judge’s decision was incorrect or that new evidence has emerged.
- Improper Filing: A significant number of appeals are dismissed simply because they weren’t filed correctly. That’s why proper filing is essential.
But don’t be discouraged. With the right legal help, your chances can improve significantly.
Factors that Affect Your Deportation Appeal Success Rate
Several factors influence your chances of winning a deportation appeal. Let’s explore the key factors that determine whether an appeal is successful or not:
1. The Strength of Your Legal Argument
When you file a deportation appeal, you’re essentially arguing that the immigration judge made an error in law or fact during your initial hearing. It’s crucial to have a solid legal foundation for your appeal. If you can demonstrate that the immigration judge applied the law incorrectly or overlooked important evidence, your chances of success improve.
2. Quality of Legal Representation
Having an experienced immigration attorney on your side is one of the most important factors in improving your chances of winning an appeal. An attorney can guide you through the process, ensure that all documents are properly filed, and build a strong case on your behalf.
3. Evidence Presented
Your success in a deportation appeal depends on the strength of the evidence you present. This includes any new evidence that wasn’t available during the original hearing or proof that the immigration court overlooked key details. For example, if you’re an asylum seeker, it’s crucial to present new evidence showing credible fear of persecution if you’re deported.
4. Immigration Judge’s Record
Some immigration judges have higher rates of denying cases, while others may be more sympathetic. While you can’t control which immigration judge hears your appeal, knowing their track record can help you set realistic expectations.
5. Timing of the Appeal
Time is of the essence when filing an appeal. Missing the 30-day deadline to file your appeal with the Board of Immigration Appeals (BIA) is one of the most common reasons appeals fail. If you plan to appeal a deportation order, act quickly and ensure that all documents are submitted on time.
The Deportation Appeal Process: Step by Step
Let’s break down the immigration appeals process into easy-to-understand steps.
1. File a Notice of Appeal
Once the immigration judge issues a deportation order, you have 30 days to file a Notice of Appeal (Form EOIR-26). This form is submitted to the BIA, and it formally begins your appeal.
2. Present Your Legal Arguments
After filing the notice, you’ll have the opportunity to submit a written brief outlining the reasons for your appeal. This is where you explain why the immigration judge made an error in the initial hearing and present any new evidence or legal arguments.
3. BIA Reviews the Case
The BIA will review the transcript from your original immigration court case and any additional evidence you provide. They will decide if the original decision should be upheld, reversed, or sent back to the immigration judge for further review.
4. Wait for the BIA’s Decision
The waiting period for a decision can vary, but it generally takes between six months to over a year for the BIA to make a ruling. During this time, it’s important to stay in contact with your lawyer and keep track of any updates in your case.
5. Outcome of the Appeal
The BIA can decide in one of three ways:
- Uphold the original decision, meaning the deportation order stands.
- Reverse the decision, allowing you to remain in the U.S.
- Remand the case, sending it back to the immigration court for further proceedings.
If the BIA upholds the original decision, you may still have the option to appeal to the U.S. Circuit Court of Appeals.
How to Improve Your Chances of Winning a Deportation Appeal
While the deportation appeal success rate might seem daunting, there are ways to improve your chances. Here are some steps you can take to build a stronger case:
1. Hire an Experienced Immigration Attorney
This cannot be overstated. Having an immigration lawyer who is experienced in deportation cases will greatly increase your chances of success. They can help you file the appeal correctly, present strong legal arguments, and guide you through every step of the process.
2. Provide New Evidence
If you can present new evidence that wasn’t available during your initial hearing, your chances of success increase. This could include new facts about your family’s situation, proof of rehabilitation if your deportation is due to a criminal conviction, or updated information about conditions in your home country if you’re an asylum seeker.
3. Meet All Deadlines
Missing a deadline can end your chances of winning your case. Make sure you meet all filing deadlines and provide any additional documents requested by the BIA in a timely manner.
4. Be Thorough and Accurate
Your appeal should be thorough and well-organized. Any errors or omissions could hurt your case. If your initial case was denied due to missing information or incorrect documentation, be sure to correct these issues in your appeal.
5. Maintain Open Communication with Your Attorney
Stay in close contact with your lawyer throughout the process. They will be able to keep you updated on your case and let you know what to expect as the BIA reviews your appeal.
Conclusion
So, can you win a deportation appeal?
The answer is yes, but it takes careful preparation, a solid legal strategy, and often the help of an experienced immigration attorney.
While the deportation appeal success rate is around 20% to 30%, many individuals have successfully fought their deportation orders and been able to stay in the United States.
If you’re facing deportation, don’t lose hope. Consult with an immigration lawyer, gather as much evidence as possible, and make sure your appeal is filed on time. With the right approach, you can increase your chances of success.
FAQs
1. What is the deportation appeal success rate?
The deportation appeal success rate is typically around 20% to 30%, but success depends on the specifics of the case, the strength of the legal argument, and the quality of evidence presented.
2. How long does a deportation appeal take?
The deportation appeal process can take anywhere from six months to over a year, depending on the complexity of the case and the BIA’s backlog of cases.
3. Can I file an appeal if I’m an asylum seeker?
Yes, asylum seekers can file deportation appeals if their asylum claim is denied. It’s essential to provide new evidence of fear of persecution in your home country to improve your chances.
4. Do I need an immigration attorney to file a deportation appeal?
While you can file a deportation appeal without an attorney, having an experienced immigration lawyer significantly improves your chances of success.
5. What happens if my appeal is denied?
If your appeal is denied, you may be removed from the U.S., but you still have the option to file a further appeal with the U.S. Circuit Court of Appeals, and in some cases, the U.S. Supreme Court.