The immigration court system is responsible for holding removal proceedings and asylum claims for some immigrants. Immigration court is operated by the Executive Office for Immigration Review (EOIR) and the Department of Justice (DOJ). The EOIR is made up of numerous immigration courts and the Board of Immigration Appeals (BIA). Both are overseen by the Attorney General.
At Flora Legal Group, our bilingual immigration lawyers provide compassionate and transparent representation for individuals facing a variety of immigration court cases. Although our offices are located in Indianapolis, we represent clients across the Midwest with various immigration court proceedings and appeals. We personally represent our clients in the Chicago immigration court.
What rights do immigrants have in the immigration court system?
All immigrants – even those who are undocumented – have basic rights under the U.S. Constitution, which includes a due process and equal protection. You have the right to a hearing, to see any evidence presented against you, to cross-examine witnesses, to retain a lawyer, and to appeal a decision by an immigration judge.
Can immigration court decisions be appealed?
Yes, it is possible to appeal an immigration court decision. Appeals are completed through the BIA and may be reviewed by the Attorney General. The BIA decides on appeals based on paper reviews. Their decisions are final unless the Attorney General or federal court modifies them.
If you lose your appeal, you may take your case to a federal appeals court within 30 days of the BIA decision. Please be aware that there is no automatic stay for federal appeals so you may be at risk of deportation. If this is the case, your immigration lawyer can file for a stay of removal.
Contact our Indianapolis Immigration Lawyers
The United States of America holds thousands of hardworking immigrants who are eligible for deportation relief, asylum, or green cards. Sadly, not many of them are able to make bail or are not given the option.
If you or someone you love is facing an immigration court proceeding, call Flora Legal Group at (317) 487-4652. Knowing your rights as an immigrant is vital in representation and detention matters.