Removal hearing overturn rate?

In response to your answer, there is no official statistic cataloging the rate of overturning an Immigration Judge's Deportation Order.

Our office has had success in appealing these initial decisions depending upon the specific facts surrounding a case.

An alien placed into Removal (or Deportation) proceedings by the issuance of an NTA (Notice To Appear) and is ordered to appear before an Immigration Judge. The government is required to sustain its burden of proof and establish that the alien is removable, usually because of the alien being EWI (Entry Without Inspection), an overstay, or because of some criminal conviction that renders the alien removable.

The alien can then file a petition for relief from removal, such as cancellation, asylum protection, or a permitted waiver application. Then the alien is given a hearing on the merits of this claim and the IJ renders a decision.

This IJ decision can be appealed by either party, the alien or the government, to the Board of Immigration Appeals (BIA). This appeal must be made within 30 days of the IJ's decision.

If the BIA again rules against the alien, then depending upon the type of claim for relief, this case can be petition to the Circuit Court of Appeals.

We practice within the jurisdiction of the Ninth Circuit Court of Appeals, and our circuit has often found in favor of the alien and does not always side with the government. Even though, we have handled appeals throughout the country.

Stanley Dale Radtke, Esq.
220 Montgomery Street, Suite 416
San Francisco, CA 94104
415-252-1234
radtkelaw@gmail.com