Appeals, Motions and Federal Litigation

The attorneys at HaleyNelson & Heilbrun, LLP are seasoned appellate advocates with experience in representing clients in cases before the Administrative Appeals Office, the Board of Immigration Appeals and the U.S. Court of Appeals for the Ninth Circuit, and both Chelsea and Sarah Kate have appeared for Oral Argument before the Ninth Circuit. The purpose of an appeal is to ask a higher court or administrative office to change the decision of the lower court because a mistake was made. Please contact us immediately if you require a consultation regarding an appeal, because there are very short deadlines that must be met if you want to continue to fight your case.

In addition to appeals, our attorneys are also experienced in representing individuals in Motions to Reopen and Motions to Reconsider before the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA). These motions are distinct from direct immigration appeals, and often involve complicated facts and histories with specific deadlines. If your case was denied by the IJ or BIA, and you have new evidence that might change the result in your case, you may need to file a Motion to Reopen your case. Alternatively, a Motion to Reconsider does not present new evidence but argues for a new result or decision based on the law. With some exceptions, these motions must be filed within short time-frames of the decision.

Additionally, our office assists individuals in district court actions where there is significant delay by immigration in making a decision on an application. Where the delay in making a decision on a case is beyond normal processing time, an appropriate remedy may be to file a complaint in Federal Court and seek an order from a judge compelling immigration to act. This action is called a Petition for Writ of Mandamus.

At HaleyNelson & Heilbrun, LLP, we represent clients throughout the Bay Area and Northern California in appeals, district actions, and motions. For additional information, please contact our office to schedule an appointment to discuss the individual circumstances of your case.

436 14th Street, Suite 716, Oakland, CA 94612 | (510) 868.0633 | (415) 484.4005 |
Providing quality legal representation and exceptional client services to immigrants and their families.