What to Consider When Filing an Immigration Appeal
If your immigration case does not go the way you wanted it to go, there may be the option to file an appeal. However, before you decide whether to file an immigration appeal, there are a few important things to consider. It’s important to think about these things and discuss them with your immigration attorney in Houston, TX.
– Legal grounds for an appeal – The first and most important factor in determining whether it makes sense to file an immigration appeal is where you actually have legal grounds for your immigration appeal. Your immigration lawyer can help you determine this based on the details of your case, but there has to be a solid legal reason why there should be a reversal of the lower court’s decision. Generally speaking, when an appeal is legally viable, it is based on of three grounds:
- Appeal of a question of fact – If there was an error in the initial trial that had to do with the facts of the case, an appeal can be filed, with a stanrd of review being that it was a palpable and overriding error.
2. Appeal of a question of law – If the law was applied wrongly by the judge or jury, there can be an appeal based on the law being correctly interpreted.
3. Appeal of a mixed question of fact and law – There can also be a mixture of both an appeal of a question of the facts of the case, and how the law was applied.
A Houston immigration law firm will be able to walk you through the initial trial to see if there are potentially grounds for appeal to a higher court.
– The cost of an appeal – At Davis & Associates, we do everything possible to make the cost of the appeals process has affordable as possible for our clients, the appeals process can get to be expensive, especially if it goes on for a long time. It can also bring about extended emotional costs, with many ups and downs. Both should be weighed when deciding whether to appeal.
– The time limits of an appeal – There are certain time restrictions on being able to file an appeal, based on your jurisdiction and case. Your immigration attorney will be able to determine what those time limits are, and if you are still within the time allowed for an appeal.
– Living with the final verdict of the appeals court – Anyone who files an appeal believes they have a great case. In order to invest the time, money, and energy into the process, you need to have confidence you will win. Unfortunately, things don’t always go your way. Can you mentally handle the strain that could come from pouring time and money into something where the outcome is not certain?
Deciding whether it makes sense to file an immigration appeal depends on many factors, both with the case itself and with the mental toll that it can take. Start by scheduling your free consultation with Davis & Associates, where we can assess and talk through your case with you.