Appeals of Court Decisions
Almost every area of law in the U.S. has a system in place to appeal the court’s decision if a party disagrees with it. A case will usually be started in a lower court. After presenting the case to the Court the judge then finally makes a decision on the case. If both parties accept the decision, it becomes final, and that is the case. If the alien does not feel the decision was fair or correct then it can be appealed to the next higher Court. Appeals are usually made in writing and by an accredited attorney. The Court of Appeals has the power to revise some aspects of the original decision, but cannot re-hear the entire case from its original position. If the Court of Appeals is convinced that there was some problem with the original decision, it can either remand the later part of the case to the lower court (with instructions that the lower court fix the problem and then make a new decision in light of that correction) or reverse the lower court’s decision, in which case the Court of Appeals decision becomes the decision that counts. There may be more options available depending on the case. Attorney Carlos Sandoval will provide you with details and available options.