If you or someone you love has received a deportation order, you may feel overwhelmed and uncertain about what comes next. Depending on the circumstances, you may have the right to appeal the deportation order. A deportation appeal allows you to challenge the decision and potentially remain in the United States. The process is complex and time-sensitive, making it essential to act quickly.
At EMP Law, we help individuals fight against powerful forces, whether that force is the federal government, an employer, or the immigration system itself. We provide compassionate guidance by explaining each step clearly, helping clients and families make informed decisions during difficult times.
Facing a deportation appeal? Our deportation defense lawyer is here to help. Please don’t hesitate to contact us online or call us today for a consultation.
Deportation Orders
A deportation order, officially called a removal order, declares that a noncitizen does not have the right to remain in the U.S. and must depart. The deportation process varies depending on whether you are apprehended at the border before entering the country or if you have a possible claim to status in the U.S.
Expedited Removal
When you are apprehended at the border and have no apparent claim to status, government officials may initiate an expedited removal process, where U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP) quickly reviews your case. If the agency concludes that you have no realistic path to status and you cannot offer evidence otherwise, it may issue an expedited removal order without a full hearing.
In Absentia Orders
Before the government can deport you, it must provide a Notice to Appear (NTA) and explain why it believes you do not have the right to be in the U.S. Next, the government schedules a master calendar hearing for planning out its case. If you fight back against the attempt at deportation, the government will schedule an individual (merits) hearing where you can offer evidence to convince the judge not to deport you.
If you miss a hearing, the government typically considers your failure to show up as waiving your opportunity to defend against deportation. The judge then orders you removed “in absentia,” meaning you were absent when the judge made the order, and the hearing should have occurred as scheduled.
Removal Orders
After a merits hearing, where you make your case that you should not be deported, the judge makes a decision. They issue a removal order if they agree that the noncitizen has violated immigration law.
What an Order of Deportation Means
An order of deportation requires the person named in the order to leave the U.S. promptly. ICE has the power to enforce the order, which may involve arrest, detention, and physical removal from the country. While cooperating by leaving the U.S. is an option, it is not necessarily your only option.
Can You Appeal a Deportation Order?
Yes, you can appeal a typical, non-expedited deportation order to the Board of Immigration Appeals (BIA). An immigration attorney can guide you through the strict deadlines, legal arguments, and procedural rules that you must follow to appeal the order.
How To Stop a Deportation Order
In general, you have 30 days from the date of the immigration judge’s decision to initiate the removal order appeal process, which you do by filing a Notice of Appeal. The deportation appeal process typically involves:
- Filing Form EOIR-26 with the BIA within 30 days to formally challenge the immigration judge’s decision;
- Preparing and submitting a legal brief explaining why the judge’s decision was wrong; and
- Waiting for the BIA’s decision, which may take several months.
If the BIA rules against you, you may be able to appeal to a federal circuit court, the highest U.S. court below the U.S. Supreme Court.
Seeking Legal Guidance
Legal guidance is essential to fight against a deportation order. The government will generally have an attorney arguing that you should be deported and that the order should remain in place. Having an immigration lawyer on your side can help you understand your options and make the best possible case.
Variations by Deportation Order Context
The process of appealing against deportation depends on the type of deportation order:
- Final order by an immigration judge—appeal to the BIA;
- In absentia order—no appeal, but may file a motion to reopen; and
- Expedited removal order—typically, no appeal through the BIA, but you may be able to challenge the order in federal court in specific circumstances.
If you missed a hearing, you may need to reopen your case by submitting a motion to reopen and explaining why the judge should reconsider the case again within 180 days.
Alternatives to Appeal
Not every case can or should be appealed, but you may still have options, such as:
- Motions to reopen or reconsider, asking the court to review its decision based on new evidence or legal errors;
- Requests for prosecutorial discretion asking immigration authorities to delay or dismiss your case based on humanitarian reasons, family ties, or other public interest considerations;
- Filing for asylum or withholding of removal if you fear persecution, torture, or serious harm in your home country to stop your removal and allow you to stay in the U.S. legally;
- Requesting U visas, T visas, or other forms of immigration relief, if you qualify; and
- Filing a stay of removal to request to temporarily pause your deportation until you resolve another legal case or receive a decision on a request for benefits.
The best strategy depends on your personal history, current immigration status, risk factors, and the evidence available.
EMP Law Can Help You Challenge a Deportation Order
EMP Law understands how urgent and overwhelming it is to face removal from the United States. If you need help with a deportation appeal, we are ready. With decades of combined experience and a deep commitment to our clients, we provide personalized, strategic legal guidance for your unique situation. Reach out today.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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