Facing a deportation order? Try not to panic - you have options. In this informative guide, we will go step-by-step to cover all of the basics of appealing a deportation order in the United States. While the process can seem complex at first, understanding your rights and the proper procedures is the first step toward protecting your future in the United States.Â
Before embarking on the journey of immigration appeals, it is important to ensure that you have proper representation. Working with an experienced legal professional can make all of the difference in a deportation appeal. Once you have scheduled a meeting with a lawyer at Attorney At Law, prepare a list of questions and bring relevant documents to the consultation. Remember to take your time, do your research, and choose someone you trust to guide you through this complex process.
Before taking any action, you must obtain and carefully review your deportation order (also called a "removal order"). There are various different types of removal orders you may receive. The document, issued by an immigration judge, explains the reasons for your deportation and your right to appeal. The order will include crucial information about deadlines – typically, you have only 30 days from the date of the order to file your appeal. Missing this deadline could forfeit your right to appeal, so immediate action is essential.
The first official step in the process is to file a Notice of Appeal with the Board of Immigration Appeals (BIA). The form must be completed accurately and thoroughly, stating the specific reasons why you believe the immigration judge's decision was incorrect. You'll need to pay the required filing fee or submit a fee waiver request. The BIA must receive your appeal paperwork at their office within the 30-day deadline. If you have any questions about a particular section on the form, feel free to consult with your attorney who will help guide you through it.
After filing the Notice of Appeal, you'll receive a briefing schedule from the BIA. The brief is your opportunity to present detailed legal arguments explaining why the immigration judge's decision should be overturned. Your brief should cite relevant immigration laws and previous case decisions that support your position. Due to the fact that the document requires extensive legal knowledge and research, it is highly advisable to work with an immigration attorney who can create compelling arguments on your behalf.
A great way to strengthen your appeal is by gathering additional evidence that supports your case. This might include documents proving family ties in the U.S., employment history, tax records, community involvement, or evidence of hardship that deportation would cause to your U.S. citizen family members. All foreign language documents must be accompanied by certified English translations. Remember to organize these documents chronologically and create a detailed index. Most importantly, any new evidence must be accompanied by a motion explaining why it was not presented during your original immigration court hearing.
Once all your paperwork has been filed, wait patiently for the BIA’s decision. This critical waiting period can range from 6 months to over a year for more complicated cases. Some people may be eligible for a stay of deportation during the appeal, but you must specifically request it. It is essential to continue to report for any required ICE check-ins and maintain valid documentation if you have temporary status. During this time, the BIA might request additional evidence or clarification during this period. Be sure to respond promptly to any such requests. Moreover, during the waiting period, also collect any new evidence that emerges supporting your case, as it may be relevant if you need to file a motion to reopen later.
When the BIA reaches a decision on your appeal, they will mail their written decision to both you and your attorney (if you have one). The decision will explain the legal reasoning behind their decision to uphold the judge’s initial order, remand the case back to the immigration judge for further proceedings, or directly overturn the deportation order. The decision document will also include important information about whether any previous stay of removal remains in effect or terminates automatically. Read every page carefully, as the document may provide valuable details for a federal court appeal.
If the BIA denies your appeal, you may still have options available to you. You have 30 days from the BIA's decision to file a petition for review with the United States Court of Appeals. Alternatively, you might qualify to file a motion to reopen with the immigration judge within 90 days if you have new, material evidence that wasn't available during your original hearing. Speak with your attorney to figure out your pathway forward and develop a strategic plan based on your personal circumstances.
While facing a deportation order can feel overwhelming, remember that you have legal rights and options. Time is critical – reach out to an experienced immigration attorney today with Attorney At Law to evaluate your case and start working on your appeal.
