Milwaukee Federal Immigration Litigation & Appeals Lawyer

If you have not received the results that you needed before the immigration judge, USCIS, or Board of Appeals, please contact Sesini Law Group. Our firm will explore all options to help you through your legal matter. Our attorneys have successfully argued complex legal issues before the Board of Immigration Appeals, various federal district courts, and the federal courts of appeals. Most federal litigation appeals involve asylum, removal cases, unlawful detention cases, naturalization denials from USCIS, and criminal issues. Contact a skilled Milwaukee federal immigration litigation and appeals lawyer from Sesini Law Group, S.C. today.

What Is Federal Immigration Litigation?

Federal immigration litigation refers to the process of challenging immigration decisions in the federal court system. In many cases, after an unfavorable decision from the immigration judge or the Board of Immigration Appeals, individuals may seek further review in a United States Court of Appeals. These courts do not rehear the case from the beginning, but instead review whether legal errors were made in the prior proceedings.

Federal litigation may involve a wide range of immigration matters, including:

• Asylum claims
• Removal orders
• Detention issues
• Denials of naturalization

When Can You Appeal an Immigration Decision?

Not every immigration decision can be appealed to a federal court; however, many individuals have the right to seek review after receiving a final decision from the Board of Immigration Appeals. In general, a Petition for Review may be filed after the BIA has issued its ruling on your case.

Appeals are typically based on legal errors rather than disagreements with the outcome. For example, if the immigration judge or BIA misapplied the law, failed to properly consider evidence, or violated your due process rights, you may have grounds to pursue an appeal.

Common Grounds for Federal Immigration Appeals

Federal immigration appeals are generally based on legal or procedural errors that occurred during the earlier stages of the case. Some of the most common grounds for appeal include:

• Misapplication or incorrect interpretation of immigration law
• Failure to properly consider relevant evidence
• Due process violations during immigration court proceedings
• Errors made by the immigration judge or the Board of Immigration Appeals

What Is a Petition for Review?

A Petition for Review is the formal request filed with a United States Court of Appeals asking the court to review a decision made by the Board of Immigration Appeals. This petition initiates the federal appeals process and must be filed within a strict deadline, typically within 30 days of the BIA’s decision.

It is important to understand that a Petition for Review does not involve presenting new evidence or rearguing the facts of your case. Instead, the court will review the existing record to determine whether any legal errors occurred.

What Happens After You File a Petition for Review?

Once a Petition for Review is filed, the federal appeals process begins. The court will first obtain the administrative record from the prior proceedings, which includes all documents, evidence, and transcripts from your case. After the record is filed, both parties will submit written briefs outlining their legal arguments.

In some cases, the court may schedule oral argument, though many appeals are decided based solely on the written submissions. The court will then review the case and issue a decision, which may take several months or longer, depending on the complexity of the matter.

Time Limits for an Appeal

In many cases, once the BIA denies your case, you have the right to file a Petition for Review with the federal court of appeals for the circuit in which the immigration judge completed your proceedings, within 30 days of the decision. For cases heard in Wisconsin, that is the Seventh Circuit. With such a short time frame, it is important to act quickly. Our firm will need to investigate the reasons why you are facing legal issues. We will provide expedient and effective legal services.

Which Court Hears Wisconsin Immigration Appeals

Wisconsin has no immigration court of its own, so cases involving Milwaukee and Green Bay residents are generally heard in Chicago. Because venue follows the immigration judge, a Petition for Review from such a case is filed in the Seventh Circuit, which sits in Chicago and covers Wisconsin, Illinois, and Indiana.

Contact a Federal Immigration Litigation & Appeals Lawyer in Milwaukee

We recognize the significance of all immigration issues, especially those that involve inadmissibility or deportation. Our firm is dedicated to every client’s needs and future. Appealing one’s immigration case can be a life-altering event. Our firm takes this matter seriously, and we work tirelessly to help clients through tough times. If you find yourself in this position, please contact Sesini Law Group immediately so that we can review your case and determine whether you should file a Petition for Review.