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01 — MIGRATION & CITIZENSHIP

Appeals against Immigration (DNM): how to defend against denials, expulsions and cancellations

When the National Directorate of Immigration (DNM) denies a residence application, orders an expulsion or cancels an already-issued DNI, the migrant is not without recourse. Law No. 25.871 establishes a dual challenge system: administrative, before the DNM itself, and judicial, before the Federal Courts. When properly used, this architecture allows unfavorable decisions to be reversed and protects residents against arbitrary or unlawful administrative acts.

Time is critical: the deadlines for filing appeals are short. An expulsion carried out without exhausting all defenses can cause irreversible harm — family separation, job loss, health deterioration — that is difficult to remedy later. We assist migrants with speed and decisiveness from the very first moment.

Which DNM decisions can be appealed

  • Denial of temporary residence applications
  • Denial of permanent residence applications
  • Cancellation of residence (art. 62 Law 25.871)
  • Declaration of irregular stay
  • Expulsion order
  • Prohibition from re-entering the national territory
  • Immigration fines
  • Refusal of admission at the border
  • Cancellation or denial of children's residence

Administrative avenue — appeals before the DNM

Motion for reconsideration (art. 84 Decree 1759/72)

The first step: filed before the same authority that issued the act, within 10 administrative business days. It allows the act to be corrected before escalation. If the DNM denies reconsideration, the direct judicial avenue is opened.

Hierarchical appeal (art. 89 Decree 1759/72)

Filed before the superior authority within 15 business days. A second opportunity to review the act before going to court. In immigration practice, it is often filed simultaneously with the reconsideration motion.

Appeal to higher authority — special cases

Available against certain acts of decentralized bodies. Filed before the Ministry of the Interior within 15 business days.

Judicial avenue — art. 76 of Law 25.871

Art. 76 enables judicial review of final DNM acts before the Federal Administrative Court. The deadline is 30 business days from notification of the final act. It is a broad avenue: the federal judge may analyze the legality and proportionality of the act, order evidence, suspend execution and, where appropriate, set aside the administrative decision.

Action against expulsion orders

Expulsion orders are the most serious DNM decisions. Their judicial review enables suspension of execution as a precautionary measure — preventing the migrant from being effectively expelled while the case is resolved. We apply the criteria from the Granados Poma, Apaza Larico, Espósito and other consolidated precedents.

Action against residence cancellations

When the DNM cancels an already-granted residence, the migrant may challenge the decision in court, alleging procedural defects (lack of defense, insufficient reasoning) or substantive defects (erroneous assessment of facts, incorrect application of the law).

Immigration amparo

When urgency exists and the ordinary art. 76 avenue does not guarantee effective protection, the amparo under art. 43 of the Constitution applies. It is especially useful against imminent expulsions and violations of fundamental rights (family life, health, non-refoulement).

Common cases in our practice

Denials based on criminal records from the country of origin

Denials based on certificates showing minor, time-barred or fully served convictions. We argue on the proportionality of the decision and the application of art. 29 sec. c) of Law 25.871.

Denials due to documentary errors

Errors in apostilles, translations, certificates — formal defects that the DNM uses to reject applications that are substantively well-founded.

Cancellations following minor convictions

Disproportionate application of art. 62 for convictions that do not meet the gravity threshold required by case law.

Cases under DNU 366/2025

Retroactive application of the DNU to consolidated situations; denials based on parameters incompatible with the constitutional block.

Why choose Tchestnykh & Asociados

  • Active practice with consolidated case law in the Federal Court of Appeals
  • Stepped strategy: administrative, judicial and, where warranted, constitutional
  • Handling of urgent cases with precautionary measures
  • Multilingual service — Spanish, Russian and English
  • Temporary residence
  • Permanent residence
  • Unconstitutionality of DNU 366/2025