Nationwide Immigration Appeals
Appeals of Dismissal & Expedited Removal Tactics
In some courts, government attorneys ask immigration judges to dismiss removal proceedings, and officers then arrest the person and try to process them for expedited removal — a fast-track process without a hearing before a judge.
If the judge granted the dismissal over your objection, you can appeal that decision to the Board of Immigration Appeals. While the appeal is pending, your case is still in the regular court process, and the government generally should not place you in expedited removal at the same time.
Why the appeal matters
Regular removal proceedings give you a judge, a hearing, and the right to apply for asylum and other relief. Expedited removal does not. Appealing the dismissal fights to keep those protections in place.
What we do immediately
- Confirm the date of the dismissal order and calculate your deadline
- File the Notice of Appeal with the BIA and serve DHS
- Locate a detained client and notify ICE that an appeal is pending
- Prepare the brief challenging the dismissal as an error of law or discretion
If a family member was just detained
Have the person’s full name, A-number, country of birth, and the detention facility ready. Call us right away — in these cases the order in which filings happen can affect the outcome.
Questions about dismissal & expedited removal appeals
I did not object when the judge dismissed my case. Can I still appeal?
Possibly, but it is harder. Whether you objected affects the arguments available on appeal. We review the hearing record to determine what can be raised.
Does the appeal get my family member released?
The appeal protects the case itself. Release from detention is a separate question, often handled through a bond request or a bond appeal, which we can pursue at the same time.