DEPORTATION APPEALS

Removal and Deportation Appeals, Motions to Reconsider and Reopen

There are three possible avenues to proceed if you are issued a deportation order from the immigration judge.  First, you could appeal the judge's decision to the Board of Immigration Appeals (BIA.) This must be done within the 30 days the judge issued the order. Appeals only argue that the judge got the law wrong or made an inappropriate legal decision. If the BIA agrees with your appeal, the case goes back to the immigration judge for more court hearings. If the BIA does not agree with your appeal and dismisses it, then you have the right to file a Petition for Review in the appropriate federal circuit court of appeals for where you live. You must also file for a stay of removal (stopping the government from physically removing the person) as once the BIA dismisses an appeal, the order of removal is final and executable.

The second possible avenue after a immigration judge orders deportation or removal is to file a Motion to Reconsider requesting the immigration judge rethink or reanalyze their legal decision based on the just the facts submitted at the hearing.  No new facts or evidence can be given to the judge.  Motions to Reconsider must be filed with the immigration court within thirty (30) days of the date of the deportation order.

The third avenue of challenging a removal or deportation order is to file a motion to reopen.  Motions to reopen request the judge reopen the case and analyze newly submitted and previously unavailable evidence.  These are also due within a specified time period depending on the type of deportation order.  You don't want to miss these deadlines. Hire an experienced immigration appeals attorney who will protect your right to appeal by timely filing it and arguing all of the important issues.

Motions to reopen deportation proceedings are extremely complex, fact-specific and you must state new and previously unavailable evidence for the immigration judge to review. Our office has successfully handled many motions to reopen deportation proceedings. Some of the reasons the court will accept for reopening deportation cases after the appeal deadline include:
  • The Immigration Court failed to provide you sufficient notice of the hearing
  • Exceptional circumstances prevented you from appearing at the hearing
  • Your immigration status is based on a family relationship with a U.S. citizen or permanent resident who has abused you (visas for abuse victims under the Violence Against Women Act, or VAWA)
  • There is some change in your circumstances that the immigration judge would reopen the case to help you obtain status