Litigation of immigration-related matters before the federal circuit court of appeals can be complex with strict deadlines; procedural rules; and a myriad of facts and laws that require sound analysis, interpretation, and skilled articulation in brief writing and oral argument before the court. It is therefore critical to have an experienced practitioner on your side during this process such as the immigration attorneys at Wilson Law Group.
Matters before the federal circuit court of appeals are generally appealed from decisions of the Board of Immigration Appeals (Board or BIA). The Board is the administrative tribunal responsible for interpreting and applying immigration laws. The Board has jurisdiction to hear appeals from decisions by immigration courts and certain district directors nationwide of the US Department of Homeland Security. An appeal to the circuit court must adhere to strict deadlines and procedures.
There are currently thirteen (13) different United States courts of appeals, ranging from the 1st Circuit Court of Appeals to the U.S. Court of Appeals for the District of Columbia and U.S. Court of Appeals for the Federal Circuit in Washington D.C. The largest circuit court is the Ninth Circuit. The U.S. Court of Appeals for the Eighth Circuit is in charge of reviewing decisions rendered by the immigration courts in Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota.
Judicial review by circuit courts of all exclusion, deportation, and removal orders is generally governed by section 242 of the Immigration & Nationality Act ("INA"), 1252 of Title 8 of the United States code ("U.S.C."). Under this section, a petition for review must be filed within thirty (30) days of the date of the final order.
Unfortunately, there is no automatic stay of removal for foreign nationals while waiting for a final decision by the federal circuit court of appeal. Rather, a formal stay of removal request must be filed with the circuit court in order to request that removal be stayed (i.e. stopped) pending the appeal.
An important issue in federal litigation is whether the circuit court has juridiction to review the case. INA § 242(D), among other statutes, addresses the question of what types of immigration-related cases a circuit court may review. Under this provision, courts may review constitutional claims and questions of law. The question of what may constitute a constitional claim or question of law can be extremely complicated, and should be evaluated by an experienced immigration practitioner.
Contact Wilson Law Group if you have questions about an appeal of a Board of Immigration Appeals decision to the federal circuit court of appeals. Examples of notable WLG Eighth Circuit decisions include the following:
Gaitan v. Holder, 683 F.3d 951 (8th Cir. 2012)
Escoto-Castillo v. Napolitano, 658 F.3d 864 (8th Cir. 2011)
Salheen v. Holder, 618 F.3d 957 (8th Cir. 2010)
Nyari v. Mukasey, 562 F.3d 916 (8th Cir. 2009)
Khilan v. Holder, 557 F.3d 583 (8th Cir. 2009)
Nguyen v. Mukasey, 522 F.3d 853 (8th Cir. 2008)
Llapa-Sinchi v. Mukasey, 520 F.3d 897 (8th Cir. 2008)
Pavlovich v. Gonzales, 476 F.3d 613 (8th Cir. 2007)
Flores Calderon v. Gonzales, 472 F.3d 1040 (8th Cir. 2007)
Kanyi v. Gonzales, 406 F.3d 1087 (8th Cir. 2005)
Mohamed, et al. v. Ashcroft, 396 F.3d 999 (8th Cir. 2005)