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An Appeal is a request to a higher authority to review a decision.
If you are the losing party, or you are not satisfied with a decision by a trial court in the Federal system or an immigration agency, you can still appeal the decision to a Federal Court of Appeals.
The Federal Court of Appeals reviews decisions of law and determines if the law was impartially interpreted, and if the judge made all the resolutions based on the law.
There are also other basis of law to present an appeal.
Almost every case can be appealed, although there are different procedures and deadlines.
For example, if your visa or Green Card has been denied, you may appeal your case, asking a higher court to review the administrative decision.
You will be the appellant, and you will have to show that the agency made a non-frivolous mistake in the legal process or interpretation of the regulation, and that you have been penalized wrongfully.
You will have to file a legal brief, a written document with your legal arguments, in order to persuade the court. The appellee is the party defending against your appeal.
Appeals are handled by an experienced appellate attorney, who will prepare everything for the trial, such as conducting legal research, writing briefs, and preparing oral arguments.
Then, the Federal Court will decide whether to affirm or to reverse the decision. Most cases will be set for oral arguments before the court.
Moreover, a motion to reopen is a request to the original decision maker to review a decision previously made.
The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances.
On the other side, a motion to reconsider is a request to the original decision maker to review a decision based on new or additional legal arguments.
In New York, you can make a Motion 440.10 to vacate a criminal judgment.
The appeals court will look only at the lower court transcripts of everything said by the judge, the attorneys, and/or witnesses, without considering any new evidence.
The Federal Court of Appeals cannot determine the credibility of a witness or make a decision as to whether or not someone was lying in their testimony. Instead, the appellate court determines whether the judge made all of their decisions based on the law.
You cannot file a Federal Court Appeal until your judgment is officially entered, that is until you have received an official copy in the mail.
It may take up to six months after the original trial for an appeal to be heard, and the law requires an appellant to notify the courts and the other party of the intent to appeal.
The appeal must be filed by an appeals lawyer within 30-60 days from the date of the decision with no extension to this deadline.
Even if time frame depends entirely on the state where the trial took place, it is totally jurisdictional: you absolutely cannot miss the deadline or you will forfeit your right to appeal.
Equally, any motion has to be submitted within 30 days of the decision and indicate if it seeks to reopen or reconsider.
Only a brief to support a filed appeal or motion may be submitted after the deadlines.
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