Immigration Appeals Attorneys in Philadelphia

BIA Appeals, Third Circuit Arguments, & Motions to Reopen

When an immigration judge, USCIS officer, or appellate body issues an adverse decision, where you take that case next matters. At Henry & Grogan, both founding partners are admitted before the Third Circuit Court of Appeals. We’ve obtained dismissals, reversals, and emergency stays of deportation for clients, and we represent people before immigration courts and USCIS offices across the country.

Partner Devin E. Grogan has obtained emergency injunctions in federal court to prevent deportation. Partner Michael S. Henry’s appellate advocacy has overturned state regulations, and his cases are continually cited in state and federal courts alike. Affordable rates and free initial consultations mean you can explore your options before committing to anything.

An adverse immigration decision isn’t the end of the road. Call Henry & Grogan at (215) 568-1500 to schedule your free consultation and find out whether an appeal, motion to reopen, or federal court action may offer a path forward.

What Henry & Grogan Brings to Your Immigration Appeal

Most immigration attorneys can file a BIA appeal. Henry & Grogan has a track record of not only filing appeals, but succeeding in appellate matters. 

Federal Appellate Know-How

Michael S. Henry and Devin E. Grogan have a wealth of experience in appealing immigration decisions and handling related matters. The pair have spent well over four decades advocating for clients in complex cases, many of which have involved the BIA and other federal immigration agencies. They can leverage everything they've learned to fight for you. 

Emergency Relief When Timing Is Critical

When a client faces imminent removal, waiting months for a standard appellate decision isn’t always an option. We can seek emergency stays of removal and, when the situation calls for it, pursue emergency injunctions in federal court.

Full-Service Continuity

Because we handle the full range of immigration matters: removal defense, asylum, family petitions, and employment-based cases, we can manage the appeal and underlying case without handing you off to another firm. When agencies stall or issue erroneous denials, we also file mandamus actions in federal court to compel resolution. You won’t need to start over with a new attorney if the case takes an unexpected turn.

Appeals & Motions to Reopen: Choosing the Right Path

Not every adverse decision calls for the same response. An appeal challenges a decision before a higher authority. A motion to reopen asks the same body (an immigration judge or the BIA) to reconsider the case based on new facts or evidence. A motion to reconsider argues the original decision misapplied the law. Getting this choice right from the start matters, because deadlines are strict and most remedies are generally limited.

What We Appeal

We handle appeals of removal and deportation orders, asylum denials, family-based and employment-based visa petition denials, adjustment of status denials, and bond denials. BIA appeals must generally be filed within 30 days of an immigration judge’s decision. For USCIS petition denials, the Administrative Appeals Office handles review, with its own deadlines and procedures distinct from the BIA process. After a BIA decision, Third Circuit review is available in certain cases, and both partners are admitted there to argue it.

Motions to Reopen

A motion to reopen introduces new facts or evidence that weren’t available at the original hearing. Under 8 C.F.R. § 1003.23(b)(1), the motion must generally be filed within 90 days of the final order. Exceptions apply: asylum-related motions based on changed country conditions carry no time limit, and in absentia removal orders (issued when a respondent wasn’t present) are subject to different reopening standards. As a general rule, only one motion to reopen is permitted, so the filing needs to be thorough and well timed.

Common grounds include newly discovered evidence that could affect the outcome, changed country conditions relevant to an asylum claim, and ineffective assistance of prior counsel. A motion to reconsider, by contrast, doesn’t introduce new facts. It argues the original decision got the law wrong. We evaluate each client’s situation to identify which path makes sense: appeal, motion to reopen, motion to reconsider, or a federal court action.

Start With a Free Consultation

Whether you’re challenging a denied employment-based visa, contesting a removal order, or seeking to overturn an adverse decision in a family-based immigration case, Henry & Grogan can assess your options and take the case where it needs to go, including federal appellate court.

Call Henry & Grogan today at (215) 568-1500 to get started with a proven Philadelphia immigration appeals attorney.

Not sure where to start? Your first conversation with us costs nothing.

Free Consultation