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Bia Appeal Dismissal Process
Summary
The Board of Immigration Appeals (BIA) can dismiss an appeal if it lacks merit, leading to potential removal by Immigration and Customs Enforcement (ICE). The appeal process can take several months, and a stay of removal is not automatic when appealing to the federal court. If the BIA does not dismiss the case, a decision can take 6 months to over a year. If the BIA overturns the initial decision, the case ends in favor of the applicant, but the Department of Homeland Security (DHS) can appeal further. If the BIA dismisses the appeal, ICE can proceed with removal, but the individual must be notified of the removal date. If incarcerated, removal occurs after serving the sentence. A stay of removal must be requested to prevent deportation during a federal court appeal.Full Conversation
but doesn't that generally take months if that were to happen or is that the whole appeal process
The dismissal process itself can be relatively quick if the BIA finds the appeal to be without merit. However, the entire appeal process can take several months due to the caseload and procedural requirements.
Do you need more details on the timeline or the steps involved in the appeal process?
Do you need more details on the timeline or the steps involved in the appeal process?
so what's the average timeline of when the bia Court will make a decision if they continue the applicants appeal and not dismissal
The average timeline for the BIA to make a decision on an appeal, if not dismissed, typically ranges from 6 months to over a year, depending on the complexity of the case and the current caseload.
Is there anything specific you are concerned about regarding your appeal?
Is there anything specific you are concerned about regarding your appeal?
but how could they dismiss it relatively quick if they see no merit
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The BIA can dismiss an appeal quickly if they find it lacks merit because:
- They review the record and arguments presented.
- If no legal or factual basis is found, they can issue a dismissal promptly.
Is there any specific issue in your appeal that you believe might lead to a quick dismissal?
The BIA can dismiss an appeal quickly if they find it lacks merit because:
- They review the record and arguments presented.
- If no legal or factual basis is found, they can issue a dismissal promptly.
Is there any specific issue in your appeal that you believe might lead to a quick dismissal?
what's the quickest and longest they can do this hypothetically
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The BIA can dismiss an appeal quickly if it lacks merit, which can be done in a few weeks. On the other hand, the entire appeal process, if not dismissed, can take 6 months to over a year due to various factors.
Would you like more detailed information on the appeal process or anything else related to your case?
The BIA can dismiss an appeal quickly if it lacks merit, which can be done in a few weeks. On the other hand, the entire appeal process, if not dismissed, can take 6 months to over a year due to various factors.
Would you like more detailed information on the appeal process or anything else related to your case?
but don't they have to see the appeal first like the application
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Yes, the BIA must review the appeal before making a decision, including any applications and arguments presented.
- If the appeal is deemed to lack merit, it can be dismissed quickly.
- If the appeal is accepted, the process can take several months.
Is there a specific concern you have about your appeal's merit or process?
Yes, the BIA must review the appeal before making a decision, including any applications and arguments presented.
- If the appeal is deemed to lack merit, it can be dismissed quickly.
- If the appeal is accepted, the process can take several months.
Is there a specific concern you have about your appeal's merit or process?
so they have to accept the appeal in order to move forward bia Court
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Yes, the BIA must review and accept the appeal to move forward. If they find the appeal lacks merit, they can dismiss it quickly.
Is there a specific concern you have about the merit of your appeal or the application process?
Yes, the BIA must review and accept the appeal to move forward. If they find the appeal lacks merit, they can dismiss it quickly.
Is there a specific concern you have about the merit of your appeal or the application process?
do people generally get their appeals dismissed
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Many immigration appeals are dismissed by the BIA if they are found to lack merit, but each case is unique. The likelihood of dismissal depends on the specific facts and legal arguments of the appeal.
Do you have specific details about your appeal that you are concerned might lead to a dismissal?
Many immigration appeals are dismissed by the BIA if they are found to lack merit, but each case is unique. The likelihood of dismissal depends on the specific facts and legal arguments of the appeal.
Do you have specific details about your appeal that you are concerned might lead to a dismissal?
can you tell me what bia stands for
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BIA stands for the Board of Immigration Appeals. They handle appeals for immigration cases in the United States.
Do you have any other questions or concerns related to your appeal?
BIA stands for the Board of Immigration Appeals. They handle appeals for immigration cases in the United States.
Do you have any other questions or concerns related to your appeal?
what if the appeal is dismissed by the bia and the deportation removal stands what happens next potentially
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If the BIA dismisses the appeal and the deportation or removal order stands:
- You may be subject to removal from the U.S. by Immigration and Customs Enforcement (ICE).
- You might have options for further appeals, such as filing a petition for review with the federal circuit court.
Do you need more details on potential next steps or further appeal options?
If the BIA dismisses the appeal and the deportation or removal order stands:
- You may be subject to removal from the U.S. by Immigration and Customs Enforcement (ICE).
- You might have options for further appeals, such as filing a petition for review with the federal circuit court.
Do you need more details on potential next steps or further appeal options?
could they move forward with the order of removal
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Yes, if the BIA dismisses the appeal, Immigration and Customs Enforcement (ICE) can move forward with the order of removal. Here are your options:
- File a petition for review with the federal circuit court.
- Explore other forms of relief or motions to reopen the case.
Is there a specific part of the process you need more information about?
Yes, if the BIA dismisses the appeal, Immigration and Customs Enforcement (ICE) can move forward with the order of removal. Here are your options:
- File a petition for review with the federal circuit court.
- Explore other forms of relief or motions to reopen the case.
Is there a specific part of the process you need more information about?
so can they move forward with the order even if you are going to attempt to appeal to the federal court
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Yes, Immigration and Customs Enforcement (ICE) can move forward with the removal order even if you are attempting to appeal to the federal court. The federal court can potentially stay the removal pending the outcome of the appeal, but this isn't automatic.
Do you need more information on how to file a petition for review with the federal circuit court?
Yes, Immigration and Customs Enforcement (ICE) can move forward with the removal order even if you are attempting to appeal to the federal court. The federal court can potentially stay the removal pending the outcome of the appeal, but this isn't automatic.
Do you need more information on how to file a petition for review with the federal circuit court?
but what if you are awaiting it wouldn't that be unconstitutional to go forward with the removal
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The removal process can proceed even while you await the appeal to the federal court, but this can be challenged. Here are some points:
- File a petition for review with the federal court.
- Request a stay of removal pending the appeal.
Do you need more information on how to file a petition for review?
The removal process can proceed even while you await the appeal to the federal court, but this can be challenged. Here are some points:
- File a petition for review with the federal court.
- Request a stay of removal pending the appeal.
Do you need more information on how to file a petition for review?
so if you appeal to the federal court you're telling me that the applicant who is appealing has to file or request a stay a removal
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Yes, if you appeal to the federal court, the applicant who is appealing must file or request a stay of removal to prevent deportation while the appeal is pending. Without a stay, Immigration and Customs Enforcement (ICE) can proceed with the removal.
Would you like more information on how to request a stay of removal?
Yes, if you appeal to the federal court, the applicant who is appealing must file or request a stay of removal to prevent deportation while the appeal is pending. Without a stay, Immigration and Customs Enforcement (ICE) can proceed with the removal.
Would you like more information on how to request a stay of removal?
so the stay of removal is not automatic when you appeal to the federal court like it is when you appeal to the bia
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That's correct. When you appeal to the federal court, the stay of removal is not automatic. You must specifically request a stay of removal to halt the deportation process while your appeal is pending.
Do you need guidance on how to file a request for a stay of removal?
That's correct. When you appeal to the federal court, the stay of removal is not automatic. You must specifically request a stay of removal to halt the deportation process while your appeal is pending.
Do you need guidance on how to file a request for a stay of removal?
if someone gets their case dismissed by the bia Court and tries to appeal to the federal court but they attempt to continue their order of removal don't they have to give the person who is facing this the date
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In an immigration case, if the BIA dismisses an appeal and the order of removal is being enforced, ICE must provide the individual with notice of the removal date. This ensures due process and allows the person to take necessary legal steps.
Do you need guidance on how to request a stay of removal or information on filing a petition for review with the federal court?
In an immigration case, if the BIA dismisses an appeal and the order of removal is being enforced, ICE must provide the individual with notice of the removal date. This ensures due process and allows the person to take necessary legal steps.
Do you need guidance on how to request a stay of removal or information on filing a petition for review with the federal court?
so you're telling me anytime someone gets removed from the country by ice they have to notify the individual even in the circumstances I told you
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Yes, in general, ICE is required to provide notice to the individual about the removal date. This is to ensure that the individual has the opportunity to take necessary legal action or make arrangements. If you have specific concerns about the notice or the process, it might be helpful to consult an immigration attorney.
Is there anything specific you need more information on regarding this process?
Yes, in general, ICE is required to provide notice to the individual about the removal date. This is to ensure that the individual has the opportunity to take necessary legal action or make arrangements. If you have specific concerns about the notice or the process, it might be helpful to consult an immigration attorney.
Is there anything specific you need more information on regarding this process?
so if you're incarcerated how is that going to happen how would they notify you if you have no attorney
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If you are incarcerated and do not have an attorney, ICE is still required to notify you of your removal date. They typically do this by delivering the notice to the facility where you are being held.
Are you concerned about not receiving this notice or the notification process itself?
If you are incarcerated and do not have an attorney, ICE is still required to notify you of your removal date. They typically do this by delivering the notice to the facility where you are being held.
Are you concerned about not receiving this notice or the notification process itself?
when someone is ordered to be removed and the bia Court dismisses the petition or it doesn't go in the applicant view does someone get removed immediately and in your future or after their sentence
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If the BIA dismisses an appeal, ICE can proceed with the removal order even if you are incarcerated. The removal process typically begins immediately after the dismissal unless there is an ongoing federal court appeal or other legal actions.
Would you like more details on requesting a stay of removal or further appeal options?
If the BIA dismisses an appeal, ICE can proceed with the removal order even if you are incarcerated. The removal process typically begins immediately after the dismissal unless there is an ongoing federal court appeal or other legal actions.
Would you like more details on requesting a stay of removal or further appeal options?
I'm talking about the whole thing being completed when the individual will be or would be potentially removed by ice
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It seems your concern is about the timing of removal by ICE after the BIA dismisses an appeal. Here are some points:
- ICE can proceed with removal after BIA dismissal.
- Removal can begin immediately unless a stay of removal is granted.
- If incarcerated, removal happens after serving the sentence.
Do you need specific guidance on requesting a stay of removal or appealing to the federal court?
It seems your concern is about the timing of removal by ICE after the BIA dismisses an appeal. Here are some points:
- ICE can proceed with removal after BIA dismissal.
- Removal can begin immediately unless a stay of removal is granted.
- If incarcerated, removal happens after serving the sentence.
Do you need specific guidance on requesting a stay of removal or appealing to the federal court?
could they do it immediately if the individual is serving a sentence
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Yes, ICE can proceed with removal immediately after the individual completes their sentence. However, if there are ongoing appeals or requests for a stay, these can affect the timing.
Do you need more details on how to request a stay of removal or the appeal process?
Yes, ICE can proceed with removal immediately after the individual completes their sentence. However, if there are ongoing appeals or requests for a stay, these can affect the timing.
Do you need more details on how to request a stay of removal or the appeal process?
what if the bia Court decides to not dismiss the case and move forward with it how long would it take for a decision to be made generally and if so overturned would that be the end of the case
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If the BIA decides not to dismiss the case and moves forward with it, the decision can take 6 months to over a year. If the BIA overturns the initial decision, the case ends in favor of the applicant, but the Department of Homeland Security (DHS) can appeal further.
Do you need more information on the appeal process or possible next steps?
If the BIA decides not to dismiss the case and moves forward with it, the decision can take 6 months to over a year. If the BIA overturns the initial decision, the case ends in favor of the applicant, but the Department of Homeland Security (DHS) can appeal further.
Do you need more information on the appeal process or possible next steps?
could the president in Poland revoke or ratify with international agreements including with the EU
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The President of Poland does have a role in international agreements, but the process includes multiple steps and authorities. Here's a general overview:
- International agreements are negotiated by the government.
- The President can sign them, but they often require ratification by the Polish Parliament.
- The President can also refuse to sign an agreement.
Is there a specific aspect of international agreements you are concerned about?
The President of Poland does have a role in international agreements, but the process includes multiple steps and authorities. Here's a general overview:
- International agreements are negotiated by the government.
- The President can sign them, but they often require ratification by the Polish Parliament.
- The President can also refuse to sign an agreement.
Is there a specific aspect of international agreements you are concerned about?
so what is the migration pack would be passed in the EU and implement it does it have to be signed by the Polish president to be implemented in that country
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The migration pact in the EU typically follows these steps before implementation in a member country like Poland:
- The EU negotiates and approves the pact.
- The Polish government negotiates the terms.
- The Polish Parliament ratifies the agreement.
- The President of Poland signs it into law.
Is there anything specific you'd like to know about the migration pact or its implementation process in Poland?
The migration pact in the EU typically follows these steps before implementation in a member country like Poland:
- The EU negotiates and approves the pact.
- The Polish government negotiates the terms.
- The Polish Parliament ratifies the agreement.
- The President of Poland signs it into law.
Is there anything specific you'd like to know about the migration pact or its implementation process in Poland?
so when the migration pack was brought in * in the EU did the member states who agreed to it have to ratify it in their apartment
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The migration pact in the EU usually requires ratification by the respective member states. This involves approval by their national parliaments and often the signature of their presidents or other relevant authorities.
Is there anything specific about the migration pact you need more information on?
The migration pact in the EU usually requires ratification by the respective member states. This involves approval by their national parliaments and often the signature of their presidents or other relevant authorities.
Is there anything specific about the migration pact you need more information on?
did Germany have to have their presidents sign in the law
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The question about Germany's process for signing laws, including international agreements, is more of a general inquiry rather than a specific legal issue.
In Germany, international agreements generally require the following steps:
- Negotiation by the federal government.
- Approval by the Bundestag (the German federal parliament) through legislation.
- Signing by the Federal President to become law.
Do you have any other specific legal questions or concerns you need assistance with?
The question about Germany's process for signing laws, including international agreements, is more of a general inquiry rather than a specific legal issue.
In Germany, international agreements generally require the following steps:
- Negotiation by the federal government.
- Approval by the Bundestag (the German federal parliament) through legislation.
- Signing by the Federal President to become law.
Do you have any other specific legal questions or concerns you need assistance with?
so since it has to be passed in that country Parliament even after the EU passed it if the president vetoes it in Poland that means it cannot be implemented right if the parliament does not have the votes to override
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Yes, if the Polish President vetoes it and the Parliament does not have enough votes to override the veto, the agreement cannot be implemented in Poland.
Yes, if the Polish President vetoes it and the Parliament does not have enough votes to override the veto, the agreement cannot be implemented in Poland.
how could the current President of Poland secure the border if he wanted to
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The President of Poland can take several steps to secure the border:
- Increase border patrol and security personnel.
- Implement stricter immigration policies and regulations.
- Cooperate with neighboring countries and the EU on border security measures.
- Utilize advanced technology for surveillance and monitoring.
- Allocate additional resources to border infrastructure.
Is there anything specific you need more information on regarding border security measures?
The President of Poland can take several steps to secure the border:
- Increase border patrol and security personnel.
- Implement stricter immigration policies and regulations.
- Cooperate with neighboring countries and the EU on border security measures.
- Utilize advanced technology for surveillance and monitoring.
- Allocate additional resources to border infrastructure.
Is there anything specific you need more information on regarding border security measures?
could the president send military to the border and have the border secured if the government including the prime minister want to agree with the migration pack
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The President of Poland can deploy the military to secure the border, but this action typically requires coordination with the government and the Prime Minister. Legal and constitutional provisions in Poland govern the use of military forces within the country.
Do you have any specific concerns or need detailed information about border security measures and their legal implications?
The President of Poland can deploy the military to secure the border, but this action typically requires coordination with the government and the Prime Minister. Legal and constitutional provisions in Poland govern the use of military forces within the country.
Do you have any specific concerns or need detailed information about border security measures and their legal implications?
how is the law and Justice party in Poland views on the EU
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The Law and Justice Party (PiS) in Poland generally has a critical view of the EU, particularly on issues of national sovereignty and judicial reforms. They often oppose EU interventions in Poland's domestic affairs but support membership for economic benefits.
Is there a specific legal issue related to the EU you need more information on?
The Law and Justice Party (PiS) in Poland generally has a critical view of the EU, particularly on issues of national sovereignty and judicial reforms. They often oppose EU interventions in Poland's domestic affairs but support membership for economic benefits.
Is there a specific legal issue related to the EU you need more information on?
is Lauren Justice in eurosceptic conservative party or is it a liberal party
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Lauren Justice is not directly associated with a political party in Poland. However, the Law and Justice Party (PiS) in Poland is known for its eurosceptic conservative views. If you meant Law and Justice Party, they are eurosceptic and conservative.
Do you need assistance with a specific legal issue in Pennsylvania?
Lauren Justice is not directly associated with a political party in Poland. However, the Law and Justice Party (PiS) in Poland is known for its eurosceptic conservative views. If you meant Law and Justice Party, they are eurosceptic and conservative.
Do you need assistance with a specific legal issue in Pennsylvania?
how did pis deal with the covid-* pandemic in Poland
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The handling of the COVID-* pandemic by the Law and Justice Party (PiS) in Poland involved several measures:
- Implementing lockdowns and social distancing measures.
- Introducing economic support packages for businesses and individuals.
- Enhancing healthcare capacity and resources.
- Promoting vaccination campaigns and public health guidelines.
Do you have any specific legal concerns in Pennsylvania that you need assistance with?
The handling of the COVID-* pandemic by the Law and Justice Party (PiS) in Poland involved several measures:
- Implementing lockdowns and social distancing measures.
- Introducing economic support packages for businesses and individuals.
- Enhancing healthcare capacity and resources.
- Promoting vaccination campaigns and public health guidelines.
Do you have any specific legal concerns in Pennsylvania that you need assistance with?
was vaccination mandated by pis
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Vaccination policies in Poland during the COVID-* pandemic were implemented, but they were not strictly mandated for all citizens. The government encouraged vaccination through campaigns and incentives rather than enforcing a strict mandate.
Do you need assistance with any specific legal concerns in Pennsylvania?
Vaccination policies in Poland during the COVID-* pandemic were implemented, but they were not strictly mandated for all citizens. The government encouraged vaccination through campaigns and incentives rather than enforcing a strict mandate.
Do you need assistance with any specific legal concerns in Pennsylvania?
did pis had lockdowns forced
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Yes, during the COVID-* pandemic, the Law and Justice Party (PiS) in Poland implemented lockdowns and social distancing measures to control the spread of the virus.
Is there a specific legal issue in Pennsylvania you need assistance with?
Yes, during the COVID-* pandemic, the Law and Justice Party (PiS) in Poland implemented lockdowns and social distancing measures to control the spread of the virus.
Is there a specific legal issue in Pennsylvania you need assistance with?
is Poland now free and does PIS support freedom and sovereign
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Poland is considered a free and sovereign country. The Law and Justice Party (PiS) in Poland supports national sovereignty and has implemented policies that reflect their conservative and eurosceptic stance. They emphasize maintaining control over domestic affairs and resisting external influences, particularly from the EU.
Do you have any specific legal concerns or questions related to Pennsylvania that you need assistance with?
Poland is considered a free and sovereign country. The Law and Justice Party (PiS) in Poland supports national sovereignty and has implemented policies that reflect their conservative and eurosceptic stance. They emphasize maintaining control over domestic affairs and resisting external influences, particularly from the EU.
Do you have any specific legal concerns or questions related to Pennsylvania that you need assistance with?
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