As we examine the legal landscape of immigration law, one of the most common questions is, “When does an Immigration Judge’s decision become final?” This article will explore various issues related to the procedures that Immigration Judges (IJs) follow when presenting their decisions in deportation proceedings.
The Immigration Court Hearing
You are a defendant or respondent in a deportation/removal case and prevail in an individual or merits hearing in Immigration Court. Finally, after the Immigration Judge has heard arguments from both sides, he or she announces a decision. That is why their hope or despair depends solely on this verdict: good or bad, you are left wondering, “Is my case over? Is this decision truly final?”
The simple answer to this complex question is both yes and no. This article explains how Immigration Judges make decisions, explores options for appealing or requesting reconsideration, and clarifies when individuals exhaust all actions.
The Role of Attendance
Remarkably, the Immigration Judge can conclude your matter regardless of whether you showed up at the scheduled hearing session or not. There are situations when a person cannot attend the trial but fails to defend himself/herself; in such circumstances, a judge is likely to decide the case and it is usually disadvantageous to the defendant. For those wondering if any remedies remain after such a judgment, you can explore the topic further in our article titled “Ordered Removed in Absentia: These conflicting findings were an eye opener for me; I could not help but wonder, “What Can I Do?”
The Timing of the IJ’s Decision
This process follows the conclusion of an individual or “merits” hearing where the Immigration Judge focuses on your cases and assesses the said evidence; the judge will make a decision. This decision may not happen instantly, especially if you need several days to address all the testimonies, witnesses, and any other hearings required.
When the decision finally comes, the Immigration Judge may then make the marking of the formal judgment verbally, speaking out in court, or written words. If the Judge makes the determination orally in the presence of all parties and concerned individuals, a brief of this ruling will be provided to you. Some undocumented individuals in deportation proceedings reported that they never received this written summary.
A written copy of the decision is necessary more so if you intend to _ or file a _ relating to the IJ’s decision. The following steps are explained below Steps.
The Appeal Process
At this point, you, the struggling party, stand at the center of resistance. An Immigration Judge’s decision is considered final if, following the hearing and decision, one of two scenarios unfolds:
- A non-citizen in proceedings or their attorney uses the phrase “waives an appeal” to indicate that they will not challenge the decision received.
- The timeframe for filing an appeal ends as outlined in 8 C.F.R. § 1003.39.
An appeal is a formal request submitted to a higher court to review the decision made by a lower court. Typically, this appeal goes to the Board of Immigration Appeals (BIA), which primarily addresses decisions made by immigration judges.
when delivered orally in court
Of the decision when delivered orally in court the Immigration Judge will ask whether you wish to waive the appeal or have the decision given as a final one. To fail the appeal is the same thing as yielding to accept the final decision. You don’t have to decide whether to appeal during the hearing, but it’s important to know that you can choose not to appeal, and that decision will end the process immediately.
If you received the IT’s decision by mail, you have the right to appeal it within 30 days from the date of the decision. If you leave the United States before the Judge reviews your appeal and completes the evaluation, you will abandon the appeal process, and the decision will become final.
There are several things that one ought to consider when it comes to appealing or not appealing a decision.
If new circumstances arise during the appeal that suggests a likely loss, it won’t be worthwhile to continue. The extra costs, including lawyer fees, make pursuing the appeal less attractive.
If you decide to appeal, you (or your attorney) will have a deadline of 30 days counting from the date of the IJ’s decision to file with B. I. A. You complete the notice for this appeal using the “Notice of Appeal from a Decision of an Immigration Judge,” Form EOIR-26.
To meet such a deadline, it is crucial to keep your attorney briefed on what is going on with the case. If you don’t appeal within 30 days, the IJ will finalize the decision, and authorities will proceed with your case based on the deportation order.
Seeking Reconsideration
In case an Immigration Judge has decided on your case, if newer evidence or facts come up that the Judge did not consider in the initial judgment, one can file a “motion to reopen.” This motion is a request to the IJ to revisit your case, and potentially overturn the decision that was previously made.
However, if you think the IJ made the wrong ruling or for some reason change of law might affect the outcome, then you can file for the “motion to reconsider. ” This motion asks IJ to think it over and possibly come up with a new decision.
You must follow the strict rules outlined in the Immigration Court Practice Manual to file either of these motions.
When Your Removal Case Concludes
Finally, the Immigration Judge makes the final decision on your case if you choose not to file an appeal to the B.I.A. or a motion to reopen or reconsider.
If you feel discouraged about your right to appeal or uncertain about the timing—such as after a hearing—reach out to an attorney, especially if you lacked representation.
Every applicant seeking asylum or other relief in immigration court should understand that an Immigration Judge’s decision is the end of the road in most instances. This article explores the circumstances under which an immigration judge renders an on-the-record decision, the different ways to appeal that decision, and the situations in which the judge might reopen or reconsider a case.
If you are facing a period of deportation proceedings or uncertainty regarding your immigration status, talk to an attorney who can help.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your immigration process straightforward and successful. Whether you’re navigating Green Card options after cancellation or applying for a Family-Based Immigrant Visas or Asylum or Refugee Status, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients navigate Green Card options after cancellation and secure the visas/permits they need. Call us today at +234 812 5505 986 to learn how we can assist you.
