James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about the challenges you've faced with your I-485 application and the denial you received. It sounds like a frustrating and overwhelming situation. Here are a few suggestions for moving forward:

1. Seek an experienced immigration attorney: Given the complexity of... View More

You can usually file a petition for discretionary review to the Supreme Court of Texas.

Findings of fact remain even when an order has been vacated. The findings of fact frame the issues for an appeal of whatever final order is entered by the court. A trial court can amend or make additional findings of fact.

A Texas attorney could advise best, but your post is a few days old, and time may be of the essence in your matter. You may want to repost and add "Employment Law" as a category. Not all questions here are ultimately picked up, but you might have better chances of a reply with that... View More

To bring a matter before the United States Supreme Court, it must be within ninety days of the final judgment in the appeals court whose decision you are challenging. That can be from a federal appeals court, called the United States Court of Appeals (they are divided geographically in 12... View More

A Texas attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney, one option might be to either research the issuing agency's conditions or to contact them for information and options. Good luck

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

Under Texas law, an adult defendant does have the right to request an examining trial before indictment. If the court failed to take action on your motion for an examining trial, it could raise procedural concerns. If you believe your rights were violated, it's crucial to promptly raise these... View More

A default is usually only granted when a party clearly shows a deliberate intent not to defend or prosecute a case. The plaintiff appearing at your hearing indicates the opposite.

I don’t understand what you mean by doing Nash and undermined Lee.

As far as notice, check the court records in the case number in which the law firm got the judgment against you to see what it says about how you were served.

Then contact an experienced civil litigation and... View More

I do handle appeals to any of our state’s appellate courts. As I’m sure you have learned, the upfront retainer for an appeal is at least $25,000, but most of an appellate lawyer’s work is done in the first few months of an appeal.

One issue I can foresee likely played a role in the... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2023

I am confused a bit by your question.

Anyway, If there is a warrant out for anyone, it stays a warrant until it is dismissed or it is executed (by arrest).

If it was made unlawfully, it can be quashed, but that may take a while, and quashing it would require you to go to court to... View More

The court of appeals will only consider what is in the clerk’s record and reporter’s record as evidence and what is in the appellate briefs as argument. It would be rare for anything else to be useful or proper to submit to an appellate court.

Depending on the nature of the subject matter, one option is to look into pro bono or legal aid. But in general, it could be difficult to find economical help because appeals tend to be costly and complex investments of a law firm's time. Check with local and state bar associations if they... View More

Susan J. Clouthier Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2023

Intermediate courts of appeals do not grant oral argument often, and if the briefing provides the facts and law needed to resolve the issues raised on appeal, they will set the case for submission on the briefs. Not setting for oral argument does not indicate which way they are leaning or whether... View More

Neither.

An appeal is an appeal. On appeal, the court of appeals will evaluate the complaints raised in the appellate briefs to determine whether the trial court committed an error of law which was properly preserved by a complaint and ruling in the trial court which was not cured by the... View More

If you succeed on appeal, the appeal court will issue an order detailing the next steps: remand, remand with instructions, reversal, dismissal, etc. The trial court will have to follow that order,

An appeal typically goes initially to the court of appeals for the appellate district of the county in which the trial court is located. If the trial court is in a county that is assigned to more than one appellate district, the appeal will be randomly assigned to one of the applicable appellate... View More

Yes, if you were found guilty by a jury following an unlawful arrest and unlawful search, and were denied your right to have an attorney, you may have valid grounds for a successful appeal.

I am an appellate lawyer who regularly practices before the Fifth Court of Appeals in Dallas. I charge $450 per hour. Because the time spent on an appeal is heavily front-loaded, I typically require an initial retainer of $25,000 to handle a direct or restricted appeal from a default judgment.... View More

I note that, while not legally required for individual parties, a successful appeal usually requires the assistance of a skilled and experienced appellate attorney.

Because the legal services associated with an appeal are front loaded (meaning the majority of services are rendered in the... View More