Choosing the right advocate is a significant step in challenging a negative immigration decision. Brooks Law Firm provides focused and dedicated representation for clients facing this difficult situation. 

We build every case on a foundation of detailed legal analysis and a commitment to our clients’ futures here in Medford and beyond. Our local experience allows us to prepare arguments that resonate with the legal standards of our region.

We practice before the Boston Immigration Court and have experience with petitions for review filed with the U.S. Court of Appeals for the First Circuit, the federal court that has jurisdiction over Massachusetts. 

Our Methodical Approach to Appeals

We begin by conducting a comprehensive review of your entire case file and the government’s decision. We scrutinize the transcript, the evidence presented, and the written denial to identify appealable errors. 

A Massachusetts immigration appeal lawyer from our firm then develops a precise legal strategy focused on these specific errors, whether they involve a misinterpretation of the law or a clear mistake in evaluating the facts.

Direct Communication and Accessibility

We believe in clear and consistent communication, so you are always aware of the status of your appeal. You receive straightforward answers to your questions and regular updates as your case moves through the system. Our team serves clients speaking English, Spanish, and Portuguese.

A Strong Record of Advocacy

Our firm focuses on the intricate field of immigration appeals and stays current with the constantly evolving landscape of immigration law and precedent. 

We have a history of crafting persuasive legal briefs and presenting compelling arguments on behalf of our clients. Contact the Brooks Law Firm at (617) 245-8090 to discuss your case.

An appeal is not a new trial. Instead, its purpose is to show that the original decision-maker made a significant error. A successful appeal depends on your ability to pinpoint these specific mistakes in the record of your case. A Massachusetts immigration appeal lawyer helps you frame these errors in a compelling legal argument.

You generally cannot introduce new facts or evidence at this stage. The reviewing body, such as the Board of Immigration Appeals (BIA), looks at the information that was available to the first judge or officer. The strength of your appeal rests on the quality of your legal brief and how well it demonstrates the errors.

Errors of Law by the Immigration Judge

An error of law happens when the immigration judge misinterprets or misapplies a statute, regulation, or prior court decision. This is one of the most common grounds for a successful appeal. Your legal team must show that if the law had been applied correctly, the outcome of your case would have been different.

Common types of legal errors include:

• Incorrect Legal Standard: The judge used the wrong test to evaluate your eligibility for relief, such as asylum or cancellation of removal.
• Ignoring Precedent: The decision contradicts established case law from the BIA or a federal circuit court.
• Misinterpreting a Statute: The judge misunderstood the meaning of a key term or provision in the Immigration and Nationality Act.
• Failure To Consider All Factors: The judge was required to weigh several factors, but neglected to consider one or more in the final decision.

Incorrect Application of Facts

A factual error occurs when the evidence in the record does not support the decision-maker’s conclusions. This is different from the judge simply not finding your testimony credible. You must demonstrate that the factual findings were “clearly erroneous.”

This is a high standard to meet. It means that the conclusion was not just wrong, but that the reviewing body has a definite and firm conviction that a mistake was made based on the evidence presented. 

A Massachusetts immigration appeal lawyer helps by meticulously combing through the record to find contradictions or evidence the judge overlooked.

New Evidence or Changed Circumstances

While you typically cannot present new evidence on appeal, there are related procedures for doing so. If you have new, material evidence that was not available at the time of your original hearing, you may file a motion to reopen.

This is a separate request that asks the judge or the BIA to take another look at your case based on this new information. Our experienced attorneys can advise you on whether a direct appeal or a motion to reopen is the proper course of action for your situation.

When an immigration judge in a place like Boston issues a removal order or denies an application for relief, the next step is usually an appeal to the Board of Immigration Appeals. 

The BIA is an administrative appellate body within the Department of Justice located in Virginia. The BIA does not conduct new trials or hear testimony from witnesses.

All arguments are generally made through written documents filed by your legal team. The BIA’s decision is based entirely on the record from the immigration court, the notice of appeal, and the legal briefs submitted by both you and the government’s attorney. This is why having an immigration attorney who excels at legal research and writing is so beneficial.

A critical part of the process is filing the Notice of Appeal.

Necessary items for your legal team to prepare this filing include:

• The Original Decision: A complete copy of the immigration judge’s oral or written decision.
• Case Information: Your full name, A-Number, and the date of the decision.
• Specific Reasons for Appeal: A clear, concise statement of why you believe the judge’s decision was incorrect.
• Filing Fee: Proof of payment or a completed fee waiver request form.

After filing the notice, your attorney usually receives a schedule for submitting a detailed legal brief. This document is the heart of your appeal. It lays out the facts of your case, cites relevant laws and past decisions, and explains exactly how the immigration judge erred. 

The government then has an opportunity to file a brief in response, and in some cases, your attorney may file a final reply.

Sometimes, a direct appeal is not the best option. In certain situations, it makes more sense to ask the original decision-maker—the immigration judge or USCIS—to take another look at the case. This is done through a motion to reopen or a motion to reconsider.

These motions have their own strict deadlines and requirements. A Massachusetts immigration appeal lawyer can help you determine which option, if any, is available and appropriate for your circumstances. 

Filing the wrong type of motion can waste valuable time and harm your chances of success.

Motion to Reopen

You file a motion to reopen when new facts or evidence have come to light that were not available during your original hearing. The new evidence must be significant enough that it could have changed the outcome of your case. 

For example, if you were denied asylum but conditions in your home country have drastically worsened since your hearing, that may be a basis to reopen your case.

Motion to Reconsider

You file a motion to reconsider when you believe the judge or USCIS officer made an error of law or fact in the original decision. Unlike an appeal, which goes to a higher authority, this motion asks the same authority to review its own decision. 

It is an argument that the decision was wrong based on the evidence that was already in the record at the time.

If the BIA denies your appeal, the fight is not necessarily over. For many types of cases, you have the right to ask a federal circuit court to review the decision. For cases arising from Massachusetts, this means filing a petition for review with the U.S. Court of Appeals for the First Circuit.

Federal court immigration litigation is a highly specialized area of law. The rules, procedures, and legal standards are very different from those in immigration court or before the BIA. It is a significant advantage to work with an attorney who has experience handling these complex federal petitions.

A federal court review is even more limited than a BIA appeal:

• Scope of Review: The BIA can review the immigration judge’s factual findings and legal conclusions, while a federal court reviews legal errors and constitutional issues, and it also reviews factual findings under a deferential standard.
• Deference: Federal courts give significant deference to the BIA’s interpretation of immigration laws, making it harder to win.
• Oral Argument: While rare at the BIA level, federal courts sometimes schedule oral arguments where your attorney appears before a panel of three judges to argue your case in person.
• Finality: A decision from a federal circuit court is final unless the case is accepted for review by the U.S. Supreme Court, which is extremely rare.

Filing a petition for review also has a strict 30-day deadline from the date of the BIA’s final decision. Missing this deadline can mean you lose your chance to challenge the ruling in federal court. 

An immigration appeal lawyer helps you meet these deadlines and present the strongest possible case to the federal judges.

The immigration appeal process is intricate and unforgiving of mistakes, but it offers a chance to correct an unjust outcome. Taking on this challenge requires a focused and knowledgeable legal advocate who can build a powerful case from the record.

You do not have to accept a negative decision as final. The team at Brooks Law Firm is ready to review your case and provide a clear assessment of your options. 

Contact us online or at (617) 245-8090 to schedule a consultation and take the first step toward challenging the government’s decision.