If you have lost an immigration case, you might feel like you are out of options. Before you prepare for deportation, you might want to consider the possibility of an appeal. Despite what you may have heard, losing an immigration case is not necessarily the end of your legal journey. You might have an opportunity to ask a higher court to review decisions made by the immigration court, and this could allow you to stay in the country. Consider expanding on this discussion with an experienced Dallas immigration attorney.
What is an Appeal?
In order to understand your next potential steps, it is important to grasp how an appeal works. When you file an appeal, you ask a higher court to review a decision made by a lower court. While you generally have the right to due process, the right to an appeal is not guaranteed. The appellate court might decline to hear your case, and you might have no option but to accept the lower court’s decision.
When you file an appeal, you cannot enter new evidence into the record. An appeal is not a second trial, and it is simply a review of the facts of the original immigration case. The goal of an appeal is to convince the appellate court that the lower court judge has made some kind of error. While appellate courts generally try to give lower court judges the benefit of the doubt, they often step in and correct obvious errors.
Which Court Hears Immigration Appeals in Texas?
If you want to appeal a decision made by an immigration court in Texas, you will need to file your appeal with the US Court of Appeals for the Fifth Circuit. However, this is the second level of appeal. The first level of appeal is the Board of Immigration Appeals (BIA). If you want to appeal your case, you will need to start with the BIA. If that is unsuccessful, you can proceed to the Fifth Circuit.
What are the Steps to Appealing a Negative Deportation Decision?
The Justice Department lays out the steps involved in this process quite clearly. First, you will need to tell your immigration judge that you want to appeal their decision. It is best to inform the judge of your plans as soon as possible. The judge should also ask you directly whether you want to appeal, and you should answer in the affirmative.
While you wait for the outcome of your appeal, the government should delay your deportation. If you tell the judge that you do not want to appeal the decision, the government can deport you very quickly. This is why it is so important to work with a lawyer who can help you avoid these kinds of costly mistakes.
Next, you will need to send an official “Notice of Appeal” to the BIA. This is called “Form EOIR.” Note that you must fill out the form in English, and a lawyer can help you if your language skills are limited. The fee associated with this form is $110, although you may qualify for a waiver if you request one. Be sure to clearly describe why you are filing your appeal in the form.
Make three copies of this form. Keep one for yourself, mail the other to Homeland Security, and mail the third to the BIA. You only have 30 days to make sure the BIA receives your form. If 30 days pass since the judge’s decision and the BIA still has not received your form, you lose your right to an appeal, and the government can deport you immediately.
If the BIA also dismisses your case and rejects your appeal, you will have an additional 30 days to appeal a second time to the Fifth Circuit Court of Appeals. Because the Fifth Circuit is more formal compared to the BIA, you will face stricter rules and procedures. These rules can be easier to navigate with help from an experienced deportation defense lawyer.
Can the Government Really Deport Me Even if I Have No Criminal Record?
In February of 2026, Politico reported that the Fifth Circuit Court of Appeals had approved the administration’s plan to deport people even if they have no criminal records. Many of the people facing deportation today have lived in the United States for many years, sometimes decades.
However, two federal judges in Texas have clearly stated that immigrants can continue to pursue release on other grounds. Perhaps most notably, you can still ask the court to release you on constitutional grounds. The question of due process is still unresolved in the context of immigration law, and you can attempt to argue that you have not had a hearing before a neutral judge.
Note that due to a recent decision by the Fifth Circuit, judges now support the administration’s authority to detain immigrants who entered unlawfully without bond. As a result, many immigrants will now have to navigate their appeals while remaining in detention. Although this might not be ideal, it is important to remember that pursuing an appeal while in ICE detention is still possible.
Speak with your attorney to determine the best way to meet and communicate while you navigate your appeal. This may not be permanent, and immigration advocates continue to fight for migrant rights behind the scenes. Many other district courts throughout the nation have ruled against the administration’s policy of holding migrants without bond.
Can a Dallas Immigration Attorney Help Me Appeal a Deportation Order?
Deportation is a daunting prospect, and the legal complexities that surround this process can be even more discouraging for the average person. However, there is always help available, and you do not have to undergo this process alone. Work with an experienced immigration attorney in Dallas, and you can discuss your unique case in more detail. From there, your lawyer can tell you whether an appeal makes sense. Contact The Presti Law Firm today at (214) 831-8078 to learn more about the next potential steps. You can also find us online.