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Can you appeal a deportation order?

On Behalf of | Apr 29, 2024 | Crimmigration

You may be issued a deportation order or a removal order for various reasons. It could be due to violations of immigration laws, criminal convictions or overstaying a visa. A deportation order requires you to leave the country within a specified period or face detention and removal by immigration authorities.

While it may seem the end of the road towards your continued stay in the U.S., you can appeal or challenge a deportation order if you believe it was issued in error or you have other legal grounds for an appeal.

The appeals process explained

Once the judge issues a deportation order against you, they will ask if you want to reserve your right to appeal the decision. You must tell them that you do if you intend to appeal. Waiving your right to appeal means the judge’s decision is final and the deportation could go into effect immediately. However, your right to appeal is automatically reserved for a written judgment mailed to you.

The appeals process typically starts with filing a Notice of Appeal with the Board of Immigration Appeals (BIA) and paying the applicable fees. You’ll need to provide detailed reasons or explanations for your appeal. Remember, the Board must receive your Notice of Appeal within 30 days from the day of the judgment, or your appeal will be dismissed.

The BIA will then review your case. They may uphold the deportation order, reverse it or take the matter back to the immigration court for further review. The BIA’s decision is usually final, but in some cases, you can appeal to the federal courts.

Learning more about what to expect when appealing a deportation order and seeking qualified legal assistance can help to better ensure your appeal is well prepared and presented, which can significantly increase the chances of a successful outcome.