The Law Offices of Thomas J. Tarigo brings trusted legal representation to those on appeal before the Board of Immigration Appeals, U.S. Court of Appeals for the Ninth Circuit, and U.S. Citizenship and Immigration Services Administrative Appeals Office and related appellate agencies. In November 2014, attorney Thomas J. Tarigo’s legal arguments on behalf of an asylum seeker resulted in a published opinion following oral arguments before the Ninth Circuit Court of Appeals in Lai v. Holder, 773 F.3d 966 (9th Cir. 2014).
Appellate representation requires a much more focused and in-depth analysis of a narrower range of issues than trial court practice, and the Law Office of Thomas J. Tarigo has the sophisticated expertise and analytical skills required for successful appellate representation.
- Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is the highest administrative body for interpreting and applying immigration laws. There is authorization for 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge. The BIA is located at the Executive Office for Immigration Review (EOIR) headquarters in Falls Church, Virginia. Generally, the BIA does not conduct courtroom proceedings – it decides appeals by conducting a “paper review” of cases. The BIA has been given nationwide jurisdiction to hear appeals from certain decisions rendered by Immigration Judges and by District Directors of the Department of Homeland Security (DHS) in a wide variety of proceedings in which the Government of the United States is one party and the other party is an alien, a citizen, or a business firm. Most BIA decisions are subject to judicial review in the federal courts.
- U.S. Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a federal appellate court. This is typically the last court that an individual in immigration proceedings may file a petition for review. It hears appeals from all of the circuit courts and Immigration Courts within its jurisdiction (California, Arizona, Hawaii, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Guam, Northern Mariana Islands) and its rulings may be appealed to the Supreme Court of the United States in certain circumstances. The Ninth Circuit is the largest appellate court with 29 authorized judicial posts. Appeals are heard in the James R. Browning Federal Courthouse in San Francisco, California, the Richard H. Chambers Courthouse in Pasadena, California (pictured above), the Pioneer Courthouse in Portland, Oregon, and the William K. Nakamura Courthouse in Seattle, Washington.
- USCIS Administrative Appeals Office
Petitioners and applicants for certain categories of immigration benefits may appeal an unfavorable decision to the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO). The AAO adjudicates three primary categories of cases: appeals, motions, and certifications. The AAO conducts administrative review of appeals to ensure consistency and accuracy in the interpretation of immigration law and policy. The AAO generally issues its appellate decisions as non-precedent decisions, which apply existing law and policy to the facts of a given case. The AAO exercises appellate jurisdiction over approximately 50 different immigration case types filed with USCIS offices, as well as certain U.S. Immigration and Customs Enforcement (ICE) determinations.
The Law Offices of Thomas J. Tarigo understands the unique challenges our clients face on appeal and stand ready to provide experienced counsel. Contact us today for more information.