In certain circumstances, the
immigration authorities may issue a removal or
deportation order to a noncitizen. There are a number of reasons for doing this, including:
- The individual's green card or visa has expired
- The person has committed a crime, which is a "deportable" offense
- He or she entered the U.S. illegally
- The person's presence was based on fraudulent immigration documents
Most often, the individual will be required to attend a hearing regarding
their removal order. If you are not in immigration jail at the time of
your hearing, you do not want to skip out on this hearing. Failure to
appear would result in an automatic order of removal, thus it would bar
you from returning to the U.S. for years, if not permanently. Plus, the
person who paid your bail will not get it back.
During the immigration hearing, the judge will review your case and decide
whether or not removal is the appropriate remedy for the situation.
Is an appeal possible?
In some cases, it is possible to have a removal or deportation order appealed
or waived, however, an appeal isn't available for all removal or deportation
orders; sometimes it depends on the grounds for removal.
For instance, if the removal order is based on the fact that a crime was
committed, an appeal may only be allowed if the person is contending that
he or she is innocent. If the person has already been convicted of the
crime, or if they have a criminal record, an appeal may not be possible.
If it becomes clear that you have no basis for an appeal, you may want
to consider requesting a "voluntary departure," which lets you
leave the U.S. at your own expense. This helps you avoid having an order
of removal on your immigration record, which makes it more difficult to
return to the United States.
Board of Immigration Appeals
Usually, people are not removed during the time which they file an appeal.
When people request an appeal, they typically request a stay of deportation
while they are appealing their case. However, if you are appealing your
case to the Administrative Appeals Office, there is no stay of deportation
while the appeal is pending.
On the other hand, the Board of Immigration Appeals (BIA) may issue a stay
of deportation while an appeal is pending; this is at the BIA's discretion.
The BIA will not permit a stay of removal if you are appealing an immigration
- Denial of a motion to reopen or reconsider
- Denial of a motion to stay
In such cases, the only exception would be where the denial specifically
granted a stay, or if the original order was entered in absentia, meaning
you were not present at your deportation proceedings.
Deportation and removal proceedings are understandably complicated, so
if you are a noncitizen who is facing deportation, you will want to work
with an experienced Vero Beach immigration attorney.
The Law Offices of Gaston & Mentor, PLLC to get the urgent help you and your family need!