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How to Appeal a Deportation Order: Your Options

Navigating the complexities of a deportation order can be daunting, but understanding your options for appeal is crucial. This guide outlines the steps you can take, from filing an appeal with the Board of Immigration Appeals to seeking help from an attorney near you, to effectively challenge your removal and protect your rights.

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How to Appeal a Deportation Order: Your Options
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Navigating the complexities of a deportation order can be daunting, but understanding your options for appeal is crucial. This guide outlines the steps you can take, from filing an appeal with the Board of Immigration Appeals to seeking help from an attorney near you, to effectively challenge your removal and protect your rights.
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Learn how to appeal a deportation order and explore your legal options with this comprehensive guide. Discover the steps to file an appeal with the Board of Immigration Appeals (BIA) and other avenues for relief. If you need assistance, find an experienced immigration attorney near you to help navigate the process.
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How to Appeal a Deportation Order: Your Options
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How to Appeal a Deportation Order: Your Options

Receiving a deportation order can be overwhelming, but it is not always the final decision. Many individuals have the right to appeal a deportation order, which can delay removal and provide an opportunity to present new evidence or argue legal errors in immigration court.
This guide explains:
  • What a deportation order is and when it takes effect
  • Your legal options for appealing a removal order
  • How to file an appeal with the Board of Immigration Appeals (BIA)
  • Additional options after a BIA denial, including federal court appeals
  • How to request a stay of removal to delay deportation
Understanding your rights and the appeal process can help you fight removal and potentially remain in the United States.
 
💡 For every post in this series, scroll down to “Related Posts.”

What Is a Deportation Order?

A deportation order (also called a removal order) is an official decision by an immigration judge that requires a non-citizen to leave the United States. Deportation orders can be issued under three circumstances:
  1. Order Issued by an Immigration Judge After a Hearing – This happens when a judge rules that a person is removable and ineligible for relief from deportation.
  1. In Absentia Removal Order – If an individual fails to attend their immigration court hearing, the judge can order deportation in their absence.
  1. Expedited Removal Order – In some cases, non-citizens can be deported immediately at the border or upon entry to the U.S. without a formal hearing.
If you receive a removal order, you may still have options to fight it through appeals and legal motions.

Option 1: Filing an Appeal with the Board of Immigration Appeals (BIA)

The Board of Immigration Appeals (BIA) is the first level of appeal for most deportation cases. If an immigration judge orders your removal, you typically have 30 days to file an appeal with the BIA.

Step-by-Step Guide to Filing a BIA Appeal

Step 1: File a Notice of Appeal (Form EOIR-26)

  • This form must be filed within 30 days of the immigration judge’s decision.
  • You must state the legal reasons for the appeal, such as errors in the judge’s ruling or new evidence.
  • The filing fee is $110 (fee waivers are available for those who qualify).

Step 2: Submit a Written Brief

  • After filing the appeal, you will have a chance to submit a legal brief explaining why the judge’s decision should be overturned.
  • A strong legal argument supported by case law and evidence is crucial for success.

Step 3: BIA Decision

  • The BIA reviews the case without a new hearing and may:
    • Reverse the deportation order (allowing you to stay in the U.S.).
    • Send the case back to immigration court for a new hearing.
    • Uphold the removal order, meaning you may need to appeal to federal court.

Option 2: Filing a Motion to Reopen or Reconsider

If new evidence arises or there was an error in your case, you may file:
  • A Motion to Reopen – If you have new facts or evidence that were not available during your initial hearing.
  • A Motion to Reconsider – If you believe the judge misapplied the law in your case.

Key Deadlines:

  • Motions to reopen or reconsider must be filed within 30 days of the deportation order.
  • In some cases, the deadline can be extended for exceptional circumstances, such as ineffective legal representation.
If your deportation order was issued in absentia, you may be able to reopen your case if you can prove:
  • You did not receive proper notice of the hearing.
  • You had exceptional circumstances (such as a medical emergency).

Option 3: Appealing to the U.S. Court of Appeals

If the BIA denies your appeal, you may still challenge the decision in federal court.

How to Appeal to a Federal Court:

  1. File a Petition for Review with the U.S. Court of Appeals within 30 days of the BIA’s decision.
  1. Request a Stay of Removal to prevent deportation while the case is being reviewed.
  1. The federal court will examine whether the BIA or immigration judge made legal errors in your case.
Federal courts cannot grant asylum or immigration relief, but they can overturn unjust decisions and send cases back to immigration court.

Option 4: Seeking a Stay of Removal to Delay Deportation

If you have a pending appeal, you may request a Stay of Removal to temporarily stop deportation while your case is being reviewed.

Ways to Request a Stay of Removal:

  • Automatic Stay – If you file a timely appeal with the BIA, your removal is automatically paused until a decision is made.
  • Stay of Removal with ICE (Form I-246) – If your appeal is denied, you can ask Immigration and Customs Enforcement (ICE) to delay your deportation.
  • Judicial Stay from a Federal Court – If you appeal to a federal court, you can request a stay of removal while your case is under review.
A stay of removal does not guarantee your appeal will be successful, but it can buy time to explore other legal options.

Option 5: Seeking Relief Through Prosecutorial Discretion

In some cases, the Department of Homeland Security (DHS) may choose to pause or close a deportation case under prosecutorial discretion.
DHS may agree to:
  • Terminate removal proceedings if the individual is not a priority for deportation.
  • Grant Deferred Action (a temporary form of protection similar to DACA).
  • Issue an Order of Supervision, allowing the individual to remain in the U.S. while checking in with ICE.
Prosecutorial discretion is not guaranteed, but it is often granted in cases involving:
  • Long-term residents with strong family ties in the U.S.
  • Individuals with no criminal history
  • Parents of U.S. citizen children
  • Individuals with serious medical conditions

What Happens If All Appeals Are Denied?

If all appeals fail and the deportation order is final, you may still have limited options:
  • Voluntary Departure – Instead of being forcibly removed, you may request voluntary departure, which can allow you to return legally in the future.
  • Apply for a Waiver to Reenter the U.S. – If you are deported, you may need to apply for a waiver of inadmissibility before reapplying for a visa.
  • Humanitarian Relief – Some individuals may qualify for protections such as Temporary Protected Status (TPS) or U visas for crime victims.
For more on legal defenses, read Deportation Defense: How to Fight a Removal Order.

Conclusion

A deportation order does not mean immediate removal, and there are several ways to fight back:
  1. File an appeal with the BIA within 30 days.
  1. File a Motion to Reopen or Reconsider if new evidence is available.
  1. Take your case to a U.S. Court of Appeals if the BIA denies your appeal.
  1. Request a Stay of Removal to delay deportation while you appeal.
  1. Explore prosecutorial discretion as an alternative option.
Appealing a deportation order is a complex legal process, and seeking professional legal assistance is critical. If you need help with your case, ReferU.AI connects you with top immigration attorneys who specialize in deportation defense and appeals.
Act quickly—your window to appeal is limited. Get the legal help you need today.

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