Can You Appeal a “Deferred Action” Decision?

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A cursory Internet search reveals that many people are curious about whether individuals can appeal a denial of a request to the government for “deferred action” status. While there is no process for formal appeal, there is a process for supervisory review of final decisions made by Immigration and Customs Enforcement (“ICE”) or by the U.S. Citizenship and Immigration Services (“USCIS”).

Both ICE and USCIS are developing protocols for supervisory review of their decisions on deferred action status.

Individuals in removal proceedings who believe that their cases were not correctly handled can contact the ICE Office of the Public Advocate either by phone at 1-888-351-4024 or by e-mail directed to EROPublicAdvocate@ICE.DHS.gov.

If you are an individual in need of immigration assistance, do not hesitate to contact our office for an appointment to speak with a qualified immigration lawyer at (847) 564-0712. You can also check out our immigration law Website for more information on how we might assist you in any of a variety of ways.