Can I Appeal My Deportation or Removal Order?


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 judge's:

  • 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.

Contact The Law Offices of Gaston & Mentor, PLLC to get the urgent help you and your family need!

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