An order of removal, also known as a deportation order, is a legal directive issued by an immigration judge that requires a non-citizen to leave the United States. The order is typically issued at the conclusion of removal proceedings in immigration court, and it requires the individual to leave the country within a specified timeframe. Individuals who receive an order of removal may be barred from re-entering the U.S. for a certain period of time. If the individual does not leave the country voluntarily, they may be subject to forced removal by Immigration and Customs Enforcement (ICE).Â
If you believe the immigration judge is making a mistake and that you should not be reported, you have the right to appeal the order of removal. The Board of Immigration Appeals must receive your appeal within 30 days from the day of the judge's decision in your case. During those 30 days, ICE is not allowed to remove you from the U.S. and must give you the opportunity to file the appeal. However, if you do not appeal within 30 days, the order of removal will become final and you will have to leave the country.
While the appeal is being processed, you will usually be granted an automatic stay of removal, meaning you cannot be deported while the appeal is still pending. Once the board reviews your appeal, they may affirm the immigration judge’s decision or reverse it. In some cases, they may remand the case back to the immigration judge for further proceedings.
If the board upholds the removal order, you still have other options available to you. The next step is to file a petition for review with the Federal Circuit Court of Appeals which has jurisdiction over the area where the original immigration hearing was held.Â
It is important to note that some grounds for appeal, such as those involving certain criminal convictions, may have limited appeal rights. Therefore, as each order of removal case varies depending on the grounds for removal and specific circumstances of the case, it is critical to consult with an experienced immigration attorney. Your lawyer will help you understand your options and help determine the best course of action.
Receiving an order of removal may be stressful, but you are not alone. With proper legal guidance, it may be possible to challenge the order of removal and secure a more favorable outcome. Connect with an experienced immigration attorney for personalized support today at Attorney At Law.
