There are many types of appeals for immigration cases. Where an appeal must be filed depends on which department or agency issued the denial. For instance, with deportation/removal cases, a denial of an Immigration Judge can be appealed to the Board of Immigration Appeals. A decision from the Board of Immigration Appeals can be appealed to the Federal Court of Appeal in the appropriate circuit.
Depending on where a criminal relief case originates (state or federal), the case can be appealed from the trial court to the appellate court and ultimately either the State Supreme Court (if it is a state case) or the U.S. Supreme Court (if it is a federal case).
Chris Carter serves on the Advisory Counsel of Legal Insights, a non-profit organization that provides affordable post-conviction assistance to state and federal prisoners challenging their convictions, illegal sentences, pleas, parole denials, DNA challenges, sentence modifications and more. We also offer special programs for military veterans, women and youthful offenders. Legal Insights staff have over 20-years’ combined experience. Our mission includes national sentence reform, alternatives to incarceration, elimination of mandatory minimum sentences and non-partisan public education. Find out today how we can help you!