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Appeals

Almost every area of law in the U.S. has a system set up for appealing a court’s decision if one party disagrees with it. A case will typically start off in a lower court. After presenting the case in court the judge then ultimately makes a decision on the case. If both sides accept the decision, it becomes final, and the case is over. If the alien does not feel the decision was fair or correct it then may be appealed to the next highest court. Appeals are generally done in writing and by an accredited attorney. The court of appeals has the power to review some aspects of the original decision, but it cannot re-hear the entire case from its original stance. If the court of appeals is convinced that there was some problem with the original decision, it can either remand the case back to the lower court (with instructions that the lower court fix the problem and then render a new decision in light of that correction) or reverse the lower court’s decision, in which case the decision of the court of appeals becomes the decision that counts. There may be more options available dependent on case. Attorney Carlos Sandoval will provide you with details and options available.

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