What Are Appeals
Just because someone got an unfavorable ruling, that doesn’t mean the case is over. When a party loses in court, they may have the option to appeal the result to a higher court. Then, that court will review the arguments and facts of the claim and determine whether the ruling was correct.
Whether you are looking for help on how to frame an issue on appeal or a new lawyer to handle your appeal, attorneys at Strickland Webster may be able to assist.
If you are looking for legal assistance because you or a loved one:
- has been convicted at trial, or
- has had a post-conviction motion, such as a petition for a writ of habeas corpus, denied,
- has received a bad decision from an Immigration Judge or the Board of Immigration Appeals, we are here to help you.
How Does an Appeal Work
While in civil cases, both parties can appeal to a higher court, only the defendant can appeal in criminal cases. However, a losing party can’t appeal just because they don’t like the verdict – there must be a legal basis for the appeal.
Appeals are not new trials; the court will only consider arguments that there may have been errors in the trial’s procedure or the judge’s interpretation of the law. In some cases, appeals courts decide on the matter on written briefs submitted by lawyers; in other cases, oral arguments may be necessary. At oral argument, each party’s attorney can briefly argue the case or answer questions.
The appellate court will generally reverse a verdict only for a harsh error of law, such as admitting improper evidence.
Whether you are seeking to overturn a lower court’s ruling or defending a decision on appeal, reach out to us for advice and assistance.
Appealing Immigration-Related Decisions
If you are in removal (deportation) proceedings, you may attend merits hearing at Immigration Court. After the hearing, the Immigration Judge decides on your matter.
Suppose their decision is unfavorable, and new facts arise, or you think the Immigration Judge has made a mistake. In that case, your attorney may appeal the decision by filing a motion to reopen or a motion to reconsider.
If the non-citizen waives an appeal during the proceeding or the time to appeal the decision runs out, the Immigration Judge’s decision is considered final. If that is not the case, you may have the opportunity to appeal to the Board of Immigration Appeals (BIA).
However, it is important for you to contact an attorney quickly because many of the deadlines for filing appeals are very short. Contact Strickland Webster so we can discuss your case.