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Cancellation of Removal denied.. now what?

Hayward, CA |

What's the process after a cancellation of removal has been denied? Can we appeal? If so, what kind of result is to be expected? Thank you.

Attorney Answers 2


If your case was denied by the immigration judge (IJ) you can appeal to the BIA so long as you or your attorney did not waive the right to appeal. You should have an excellent attorney represent you before the Board. It is very important to get good counsel as appeals are very difficult. You must be advised that any notice of appeal must be received by (note, received by) the BIA within 30 days after the order from the IJ. A filing fee is required unless you file specific documents to reflect in forma pauperis, i.e. that you cannot afford the fee. It is complex so get help. Be advised also that appeals based on discretionary matters are given de novo review by the BIA and thus if you believe there was an abuse of discretion you may appeal that ruling. Other reasons to appeal include factual and/or legal errors made by the judge. It is a complex area of the law and so to try to do it on your own would be a grave mistake. Get help now and good luck.

No attorney-client relationship is created or implied by this communication.

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Yes you may appeal, but the Notice of Appeal must be filed within 30 days of the decision of the Immigration Judge. As to what kind of decision to expect, that depends on the merits and evidence presented in your case. Consult an experienced immigration lawyer to review your file.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

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