You received a removal order. The judge ruled against you. Your time to appeal is running out. You need help, but choosing the wrong person could destroy your last chance to stay.
Hiring the right deportation appeal lawyer makes the difference between winning and losing. Appeals operate under strict deadlines and complex rules. One mistake ends your case permanently.
This guide walks you through seven critical questions to ask before hiring. Appeals aren’t like trial cases. They focus on legal errors, not starting over. Experience matters at this stage. Stakes are higher, and timelines are shorter.
Ask these questions before signing any contract.
Question 1: Do You Regularly Handle Deportation Appeals?
Specialization matters. Immigration trial work differs completely from appellate work. Trial attorneys present evidence and question witnesses. Appeal attorneys analyze records for legal errors and write complex legal briefs.
Ask how many appeals the lawyer filed in the last year. Were they before the Board of Immigration Appeals or federal courts? What were the outcomes?
Your deportation appeal lawyer should clearly explain past results without guaranteeing yours. Appeals are more complex than trials, and success rates are lower. Anyone promising a guaranteed approval is not being truthful.
Experience with the Board of Immigration Appeals specifically matters. BIA procedures differ from those of the immigration court. Knowing these rules protects your case.
Question 2: What Are the Requirements in My Situation?
Deportation appeal lawyer requirements include active bar membership and good standing. Verify this through your state bar association website. Don’t trust their word alone.
Lawyers must understand jurisdiction. BIA appeals follow federal regulations under 8 CFR Part 1003. Federal court appeals follow different rules depending on which circuit court covers your case.
Court-specific rules matter. The Ninth Circuit operates differently than the Fifth Circuit. Your lawyer should explain these differences.
Ask for a written representation agreement. This document lists what services they’ll provide, what you’re responsible for, and all costs involved. Never hire without this.
Question 3: Which Forms and Filings Will You Handle for My Appeal?
Appeals have strict filing deadlines. You must file Form EOIR-26 within 30 days of the judge’s decision. Missing this deadline by even one day ends your right to appeal.
The Board doesn’t follow the mailbox rule. Your appeal must be received within 30 days, not just postmarked. Planning delivery time is critical.
Deportation appeal lawyer form responsibilities include Form EOIR-26, written briefs explaining legal errors, record appendices with relevant documents, and any motions for stays of removal.
Ask who prepares these documents. Does the lawyer do it personally? Does a paralegal handle it? Who reviews everything before filing?
Accuracy matters. Vague statements on Form EOIR-26 can result in summary dismissal. Your appeal needs specific legal arguments, not generic complaints about the judge.
Question 4: How Do You Handle Deadlines and Communication?
Appeal deadlines are non-negotiable. Thirty days to file Form EOIR-26. Twenty-one days to file your brief after the scheduling order. The Board cannot extend these deadlines except in extraordinary circumstances.
Ask how the lawyer tracks deadlines. What systems do they use? Who monitors case status? What happens if you’re detained and hard to reach?
Communication matters enormously. How often will you receive updates? Weekly? Monthly? Only when something happens?
Who handles emergency filings or last-minute motions? Is the lawyer available after hours or on weekends? Appeals don’t wait for business hours.
Get written confirmation of all communications. Request email summaries of phone calls. Document everything in case problems arise later.
Question 5: What Will the Fees Be?
Deportation appeal lawyer fees vary widely. Ask for a complete fee breakdown. Does it include the $110 BIA filing fee? Does it cover brief preparation? Record compilation? Oral argument if granted?
Additional costs often surprise clients. Transcript fees can also be involved, and they vary. Record-of-proceedings copies cost money. Travel expenses for oral arguments add up.
Request written fee schedules. Ask about payment plans. Understand refund policies if you decide to withdraw your appeal or if the lawyer withdraws.
Don’t pay everything up front. Reputable lawyers accept payment plans or require retainers with portions paid as work progresses.
Question 6: What Are the Realistic Outcomes and Risks?
Strong lawyers discuss both strengths and weaknesses. They explain what went wrong at trial. They identify which legal arguments might succeed on appeal.
Appeals focus on legal arguments, not new evidence. The Board reviews the existing record for errors. You can’t submit new documents or testimony except in very limited circumstances.
Ask about success rates. BIA affirms most removal orders. Honest expectations signal professional integrity. Anyone promising certain victory is possibly lying. Appeals are difficult. But strong cases with genuine legal errors can succeed.
Question 7: Will You Handle Renewals or Future Steps if Needed?
Appeals involve multiple stages. BIA review comes first. If you lose, you can file a petition for review with the federal circuit courts. That requires different expertise and additional fees.
Ask if your lawyer handles renewal deportation appeal lawyer representation. Will they continue your case through federal court appeals? What are the additional costs?
Continuity matters. Starting over with a new lawyer means they must learn your entire case again. That wastes time and money.
Clarify long-term strategy. If you win at BIA and the case gets remanded, who handles the new immigration court proceedings?
Choosing the Right Deportation Appeal Lawyer
Asking questions before committing protects your appeal and your future. Don’t rush this decision despite urgent deadlines.
Act quickly but carefully. The 30-day appeal deadline is real, but hiring the wrong lawyer is worse than taking a few days to choose the right one.
Compare multiple attorneys. Ask all seven questions to each one. Compare their answers. Trust your instincts about who understands your case best.
If you need personalized help or have further questions, visit ImmigrationQuestion.com. You can ask your questions for free and have experienced immigration attorneys answer your questions.
Frequently Asked Questions
How long do I have to file a deportation appeal?
Thirty calendar days from the date the immigration judge renders an oral decision or mails a written decision. The Board must receive Form EOIR-26 within this period. Missing it by even one day ends your appeal rights permanently.
Can a deportation appeal lawyer stop removal immediately?
Filing Form EOIR-26 automatically stops your removal while the appeal is pending. You cannot be deported during this time. But if you waive appeal at your hearing or miss the deadline, removal can proceed immediately.
Are deportation appeal lawyer fees refundable if I lose?
Usually no. Most lawyers charge nonrefundable fees because the work happens regardless of the outcome. Some offer partial refunds if they withdraw before significant work occurs. Always get refund policies in writing before paying.
Can I change lawyers during an appeal?
Yes. File Form EOIR-27 with your new lawyer’s information. Your new attorney becomes your representative. But changing lawyers mid-appeal causes delays and forces new lawyers to catch up quickly.
What happens if I miss an appeal deadline?
Your removal order becomes final. The Board cannot extend the 30-day deadline except through equitable tolling for extraordinary circumstances with proof of diligence. Missed deadlines are nearly impossible to fix.
Is a deportation appeal different from reopening a case?
Yes. Appeals challenge legal errors in the judge’s decision within 30 days. Motions to reopen present new evidence or changed circumstances and can be filed later. Each has different requirements, deadlines, and standards.
