If you are an immigrant in the United States, maintaining legal status requires strict adherence to immigration laws and regulations. Breaking these laws can result in deportation, which is the formal removal of an individual from the country.
Once an immigration judge gives a deportation order, you might be able to lodge an appeal to the Board of Immigration Appeals, asking for a review of the decision. The process for filing your appeal for review of the deportation order is as follows.
Notify the immigration judge of your intention to appeal
At the time of issuing the deportation order in the courtroom, the immigration judge gives you the option to either reserve or waive your right to appeal. If you intend to appeal the decision, you must inform the judge that you reserve your right to appeal. This effectively prevents the government from removing you from the United States pending the outcome of your appeal. However, if the order was issued in writing and mailed to you, the right to appeal is automatically reserved for you.
Complete the Notice of Appeal Form
Whether you reserved your right to appeal in person or it was reserved for you automatically, you must complete the Notice of Appeal form ( Form EOIR -26). This form must be filled in English, and outline the details of and the reasons for your appeal against the judge’s decision. The duly filled form should have a money order or check for $110 attached, payable to the United States Department of Justice or if you are unable to raise the amount, a Fee Waiver Request (Form EOIR-26A) should be attached instead.
Send the original signed forms to the Board of Immigration Appeals
The original, duly filled and signed forms must be sent to the Board of Immigration Appeals to reach the board within 30 days. If your Notice of Appeal fails to reach the board by this deadline, the judge’s decision is considered final and you may be deported from the United States. Legal guidance can help ensure you complete the Notice of Appeal correctly and meet all necessary deadlines, thus improving your chances of a successful outcome.