Practice Area
Appeals
A denial is not the end. It's where the real fight begins.
When your case is denied — by USCIS, an immigration judge, or a consular officer — you have the right to appeal. Appeals are where legal expertise matters most, because you're no longer arguing facts — you're arguing law. And that's exactly where Gihan Thomas excels.
What Can Go Wrong
Appeal deadlines are strict — 30 days for most BIA appeals, 30 days for federal circuit court petitions for review. Missing the deadline means the denial stands permanently. And appeals are not do-overs; you need to identify specific legal errors in the original decision.
What Gihan Does Differently
Gihan Thomas has four published federal circuit court opinions that changed immigration law. She doesn't just appeal cases — she makes new law. Her appellate work has protected thousands of immigrants beyond her own clients.
Real Case (Anonymized)
A Case Study
In Sumolang v. Holder (2013), Gihan argued before the Ninth Circuit that asylum protection should extend to cases where the applicant's child was the direct victim of persecution. The court agreed, establishing precedent that has protected families ever since.
Frequently Asked Questions
How long do I have to file an appeal?
For BIA appeals, 30 days from the immigration judge's decision. For federal circuit court appeals, 30 days from the BIA decision. These deadlines are strictly enforced — contact us immediately after any denial.
What is the Board of Immigration Appeals (BIA)?
The BIA is the highest administrative body for interpreting immigration law. It reviews decisions by immigration judges. If the BIA rules against you, you can petition a federal circuit court.
Can I stay in the US while my appeal is pending?
Filing an appeal with the BIA generally provides a stay of removal. For federal court appeals, you may need to request a separate stay of removal. Gihan handles both simultaneously.
What are the chances of winning an appeal?
Success depends on whether there were legal errors in the original decision. Gihan evaluates every case honestly and only recommends appeal when there are genuine grounds for reversal.
What if I already have a final order of removal?
Even with a final order, there may be options: motions to reopen based on changed circumstances, new evidence, or ineffective assistance of counsel. Time-sensitive — contact us immediately.
Other Practice Areas
Green Card
You've built your life here. Now make it permanent.
Deportation Defense
They're trying to send you back. We're here to fight.
Asylum
You fled for your life. America should be your answer.
Naturalization
You've earned the right to call this home. Make it official.
Family Petitions
Your family belongs together. We'll make it happen.
Visas
The right visa opens the door. The wrong one closes it.
DACA
You grew up American. The law should recognize that.
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