Can a Deportation Order Be Stopped or Reversed?

Jul 31


Stacey Schmidt

Stacey Schmidt

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Steps that can be taken to stop or reverse a deportation order.


Many people choose to immigrate to the United States because of the higher standards of living they can find outside their own country. Many come here looking for better lifestyles and living conditions. This typically means better employment opportunities,Can a Deportation Order Be Stopped or Reversed? Articles better education and in many cases better medicine practices. Not in all cases does immigrating necessarily mean these are a guarantee, and many challenges can be faced. In general being deported can send someone back to a worse situation than they are already in and in their home country, worse than when they left. Below is some information if you find yourself receiving a deportation order that you want/need stopped or reversed.

Depending on the situation as to why you would need an order stopped or reversed you have some options. If you went before a judge at an Immigration Hearing and your claim for relief was denied, you may be able to file an Appeal. By filing an appeal you will be appearing in front of a judge at a deportation hearing, of who could order you to be deported. You would then be able to file an appeal with the Board of Immigration Appeals or BIA, which must be filed within 30 days of the judge's deportation order. If the BIA denies your appeal you may appeal to the Federal Court of Appeals within 30 days of BIA's decision.

If you are already appealing the deportation order and there is new evidence that wasn't readily and reasonably available to you at the time of your original hearing, you may file a Motion to Remand. However, if you did NOT appear at an Immigration Hearing and the Judge Orders deportation due to your failure to appear, your options are limited.

If your fail to appear in front of an Immigration Judge and he/she ordered your deportation you have an option. You may have grounds to file a Motion to Re-Open within 90 days of the ruling. When filing a motion to reopen, you must be able to prove that you either didn't receive notice of the hearing, or there were "exceptional circumstances" as to why you didn't appear.

If you are outside of the 90 days you can file a Proposed Joint Motion to Reopen with the trial counsel asking them to join your case. If they refuse there has been some use in filing Motions to Reopen Sua Sponte.

Many came here looking for a better opportunity for themselves and their families. They were met with challenges both here and in their home countries. A deportation order only adds to what could already be hard obstacles to overcome. If you find yourself with a deportation order, attending or not attending an Immigration hearing and need the order stopped or reversed, your options are limited. Counsel needs to be obtained most likely to get the best results. Discuss the best options for your situation and start filing the necessary appeals and/or motions that best fit. Remember, your time is limited on when you can file your appeals and motions.