Atlanta Immigration Lawyer | Fogle Law Firm

Getting Results: What It Means to Win a High Court Appeal of an Immigration Case

The Fogle Law Firm recently won a critical case at the 4th Circuit of the U.S. Court of Appeals. The case, Lazo-Gavidia v. Garland, 73 F.4th 244 (4th Cir. 2023), raised important questions about proper notice in removal proceedings, and shows how the experienced Charlotte Immigration Attorneys from The Fogle Law Firm LLC get results. 

Details of the Case

The appeal petitioners, Azucena Aracely Lazo-Gavidia and her minor son entered the US from her home country of El Salvador, where they were under threats from gang members. Eighteen days later, Lazo-Gavida was subsequently served a notice to appear (NTA) before an immigration judge in Texas. However, that NTA was defective because it did not contain the date and time of the hearing, merely listing “TBD” for both. Lazo-Gavida and her son were subsequently ordered removed in absentia after not attending the hearing. The immigration judge denied their motion to reopen the removal proceedings and the Board of Immigration Appeals (BIA) dismissed their appeal. Federal immigration law mandates that the government provide a noncitizen with a written notice to appear that contains certain critical details about her removal hearing, including the “time and place” of the proceedings. Upon appeal, the 4th Circuit granted their petition, vacated the BIA’s order dismissing their appeal, and remanded the case for further proceedings.

Why This Kind of Win is Important

Winning an immigration case like this in a high court is hugely important because of how it can impact people, families, and even entire communities. Here are several reasons why such a win is crucial:

  • Legal precedent: When a high court decision sets a legal precedent, the lower courts must follow. Our victory can establish new interpretations or clarify existing laws, leading to improved outcomes for future immigration cases. This doesn’t just benefit our client and her son—it also contributes to the development of immigration law.
  • Rights and fairness: Cases like ours often involve the fundamental right of protection from persecution, family unity, or the right to seek asylum. A victory like ours upholds these rights, ensuring fairness and justice and reinforcing the importance of protecting individuals’ rights regardless of their immigration status.
  • Policy impact: High court decisions in immigration cases can potentially influence government policies and practices. Our victory may enable changes either in the law or in administrative guidelines, which can help improve the overall immigration system. It can help make immigration policies more compassionate and fair, and further uphold the principles of due process.
  • Long-term stability: Our kind of win can provide some security for people who may be in our client’s position of receiving a defective NTA. It can potentially help grant them the stability that comes from protection from immediate removal, and the capability to plan for a more sustainable future.
  • Symbolic significance: Winning this kind of immigration case in a high court can serve as a symbol of hope, resilience, and triumph for the broader immigrant community. It showcases the effectiveness of the legal system and encourage others to seek justice and exercise their rights through lawful means.

The Practical Effect of a Court of Appeals Decision

The practical effect of a US Court of Appeals decision, especially in immigration law, has a big impact on how immigration cases are handled. When the Court of Appeals makes a decision, it becomes like a rule that all lower courts in that area must follow. This means that if a similar immigration case comes up in that region, the lower court judges have to apply the same decision. This helps to make sure the law is applied consistently and fairly.

For example, if an immigrant seeks asylum because they fear persecution in their home country, a US Court of Appeals decision that specifies how to handle specific cases mandates that all immigration judges in that circuit must use the same approach. This can protect the rights of asylum seekers and ensure they’re treated fairly.

Also, a Court of Appeals’ decision can influence immigration policies and practices. If the Court finds a certain immigration rule unfair or unconstitutional, it may lead to changes in how the government handles immigration matters. This can make a big difference in the lives of immigrants and their families, as well as shape the overall immigration system.

What It Takes To Win

The success rate of all immigration attorneys winning in the Court of Appeals is not very high.  However, Glenn Fogle, Principal Member of The Fogle Law Firm, LLC and his team of highly skilled immigration attorneys, have successfully litigated numerous cases in the US Courts of Appeal for the 4th, 9th and 11th Circuits. Every case is different and the likelihood of success depends on a number of factors including the complexity of the case, the pertinent legal issues and the specific circumstances involved. However, skilled and experienced immigration attorneys such as those of the Fogle Law Firm, who have decades of experience and many successful appeals, have a far better chance of getting positive outcomes for their clients because they focus on several important aspects:

  • Expertise and experience. Immigration law is complex, and successful law firms have attorneys with specialized knowledge and experience in handling immigration appeals. Their understanding of the legal system and past experience with similar cases help them craft strong arguments and strategies.
  • Full attention to the appellate process. Successful law firms are well-versed in the appellate process and adhere to strict timelines and procedural requirements. Missing crucial deadlines or failing to follow the proper procedures can harm the chances of success.
  • Thorough case analysis. Winning an appeal requires an attorney to thoroughly examine the original case and identify potential legal errors or weaknesses. They must meticulously review the evidence, the judge’s ruling, and relevant laws in order to build compelling arguments for the appeal.
  • Persuasive legal writing. Effective legal writing is crucial in appeals. Experienced immigration law firms present their client’s case in persuasive written briefs that provide strong legal arguments and supporting evidence to convince the appellate court to reconsider the original decision.
  • Strong oral advocacy: During the appeal hearing, skilled attorneys need to present convincing arguments and respond to any questions from the appellate judges. It can make all the difference for their clients.

Contact The Fogle Law Firm, LLC

Need help with your immigration case from a law firm that gets results? Contact Charlotte Immigration Attorneys – The Fogle Law Firm, LLC today at (704) 405-9060 to learn more, or visit our website. We are happy to assist you with all your legal immigration needs.