The average person may spend months or even years looking forward to the end of his or her immigration case. Unfortunately, it is not always a satisfactory end, and a person may receive a decision that is not favorable. Under U.S. immigration law, a person may have a right to appeal that decision.
An immigrant living in Louisiana who has been given a final order of deportation, exclusion or removal has 90 days to file a motion to reopen. This is when a person requests that his or her case be reopened and reconsidered. However, it is not enough to simply ask that an immigration judge reconsider the same information and evidence. This is because the purpose of a motion to reopen is so that changed or new evidence can be considered.
In general, a person may only file a motion to reopen once. If a person is applying for asylum, withholding a removal under the Convention Against Torture or withholding of removal may be able to file more than once or outside of the 90-day time limit. People who were not present at their hearings may also be able to file motions to reopen outside of these limits.
In general, immigrants in Louisiana can appeal the majority of negative decisions made by an immigration judge or the U.S. Citizenship and Immigration Services — USCIS. Unfortunately, the Board of Immigration Appeals — BIA — could also choose to appeal a positive result. It is important to remember that a decision from an immigration judge is not always the final point in a person’s immigration journey. According to U.S. immigration law, there are a number of ways in which decisions may be appealed, both by an individual and an agency, so it is important to remain aware of these and other possible actions, even if an individual has already received a favorable result.