Appellate Practice

Appeals: State, Federal, and Immigration

An appeal is not a second trial. It is a different kind of case, decided on a written record by judges who never saw the witnesses, and won or lost largely on the briefing. Pacifica Law Group APC handles appellate work in all three systems our clients end up in.

California state appeals

We brief and argue appeals in the California Courts of Appeal, and file petitions for review in the California Supreme Court. We also handle writ petitions — mandate, prohibition, and habeas corpus — where an issue cannot wait for a final judgment, and appellate work arising from post-conviction motions to vacate under Penal Code sections 1473.7 and 1016.5.

Immigration appeals: the Board of Immigration Appeals

When an immigration judge denies relief or orders removal, that decision can be appealed to the Board of Immigration Appeals. We prepare and file the Notice of Appeal (Form EOIR-26) within the 30-day deadline, order and review the hearing transcript, and brief the case. We also file motions to reopen and motions to reconsider before the immigration courts and the Board, including motions based on ineffective assistance of prior counsel, changed country conditions, and post-conviction relief that removes the ground of removability.

The Ninth Circuit

We file petitions for review of Board decisions in the United States Court of Appeals for the Ninth Circuit, including motions to stay removal while a petition is pending, and we handle appeals from final judgments of the federal district courts, including habeas corpus and civil rights matters.

California appellate courts

Appeals, petitions for review in the Supreme Court, and writs of mandate, prohibition, and habeas corpus.

Board of Immigration Appeals

EOIR-26 appeals, appellate briefs, and motions to reopen or reconsider.

Ninth Circuit

Petitions for review, stays of removal, and appeals from the federal district courts.

Experience behind the briefs

Partner Kevin W. Harris has briefed and argued appeals in both the state and federal appellate courts across nearly four decades, and served as an Attorney IV with the San Joaquin County Superior Court — work that gave him a direct view of how courts read a record and a brief. He helped secure a Ninth Circuit victory in Dorene Flores v. CNG Financial Corporation, having developed the record and the litigation strategy below.

Deadlines are jurisdictional

A notice of appeal in a California case, an EOIR-26 to the Board, and a petition for review in the Ninth Circuit each carry a hard deadline that a court generally cannot extend. If you have received an adverse decision, call before the clock runs rather than after.

Discuss an appeal

We also accept appellate referrals and co-counsel arrangements from other firms.

This page is general information about California and federal law and is not legal advice. Every case turns on its own facts. Speak with an attorney about your situation.