Appeals

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Appeal with Unmatched Legal Might

Appeals are a valuable resource that can change your situation and give you time to present your case strongly. 

Immigration cases can last for months, years, or even decades

While this may seem daunting, remember that time may be on your side. If your first application was denied, you can still achieve the legal outcome you seek.💪🌟

The appeals process is an opportunity to learn from mistakes and...

The appeals process is an opportunity to learn from mistakes and present a stronger argument. If you've worked with another firm and encountered challenges, we're here to help you design a comprehensive and refreshed legal strategy.📜🤝

We are committed to assisting you in gathering documents and...

We are committed to assisting you in gathering documents and meeting every deadline, ensuring that your case before the Board of Immigration Appeals and the courts is strong and compelling. Your future in California is important to us, and we are here to support you.🏛️🌆

Learn All About Appeals

Notice of Appeal:

Term:
Following an unfavorable decision in a lower court, the affected party (appellant) must file a notice of appeal within a specific period, which is usually 30 days.
Presentation:
The notification is filed with the court that issued the original decision.

Preparation of the Appeal Record:

Content:
Includes all documents, transcripts, and evidence presented in the lower court.
Importance:
This record is critical, as the appellate court reviews the case based solely on the lower court's record and the arguments presented by the parties.

Appeal Briefs:

Briefs:
Both parties (appellant and appellee) submit legal briefs detailing their arguments. The appellant argues why the lower court's decision was incorrect, and the appellee defends the decision.
Rules and Precedents:
The briefs must cite laws, judicial precedents and facts of the case.

Oral Hearing:

Option:
In some cases, the appeals court may schedule an oral hearing where attorneys for both sides present their arguments and answer questions from the judges.
Not mandatory:
Not all appeals include an oral hearing; many are decided solely on written submissions.

Decision of the Court of Appeals:

Revision:
The appellate court reviews the lower court's briefs and record.
Opinion:
Issues a written opinion that may affirm, reverse, modify, or remand the case back to the lower court for a new hearing.

Importance of Appeals:

Bug Fixes:
They provide an opportunity to correct judicial errors that may have affected the outcome of a case.
Development of the Law:
Decisions by appellate courts contribute to the development and interpretation of laws, establishing precedents that guide future judicial decisions.
Guarantee of Justice:
They ensure that the rights of the parties are protected and that justice is done fairly and in accordance with the law.

File an appeal with the help of an experienced immigration attorney

At the Law Offices of Vivian N. Szawarc, our team of experienced attorneys is honored to present appeals in a variety of cases, most of which involve improperly conducted processes. Your future in the U.S. is important to us. Contact us! 👨‍⚖️👩‍⚖️🇺🇸


Call us at 📞 888-666-8820 and schedule a free initial consultation.

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