Can You Stop Deportation After an Immigration Judge Issues an Order?

Facing a deportation order can feel overwhelming, but it’s essential to know that your case isn’t necessarily over once an immigration judge issues an order of removal. Legal avenues and strategies are still available, and acting quickly with the help of a qualified immigration attorney can make all the difference.

Understanding the Deportation Order

A deportation order, formally called a removal order, is a judge’s decision to have an individual removed from the United States. While this may seem final, there are multiple post-order options to explore, depending on the specifics of your case.

Appealing the Deportation Order

One of the most common ways to challenge a removal order is by filing an appeal with the Board of Immigration Appeals (BIA).

• Timeline: Appeals must be filed within 30 days of the judge’s decision. Missing this critical deadline may forfeit your right to appeal.

• Focus: The appeal focuses on whether the judge applied the law correctly or made procedural errors. It’s not a chance to introduce new evidence but to argue the case based on the existing record.

If the BIA denies your appeal, further appeals may be filed with the federal Circuit Court of Appeals, though this requires meeting strict legal criteria.

Motion to Reopen or Reconsider

If new evidence emerges or there were significant errors in your case, you may file a motion to reopen or reconsider with the immigration court.

• Motion to Reopen: This applies when new evidence or changed circumstances could affect the outcome of your case. For instance, if you’re eligible for new immigration relief or face threats in your home country that were not considered earlier.

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• Motion to Reconsider: This is based on legal errors or misinterpretations in the judge’s initial decision.

These motions must generally be filed within 90 days of the deportation order, although exceptions can apply in certain cases, such as evidence of fraud or newly available relief.

Stay of Removal Requests

While pursuing an appeal or motion, you can request a stay of removal to temporarily halt deportation. This is crucial if you fear being removed before your case is fully reviewed. ICE (Immigration and Customs Enforcement) may also grant discretionary stays under certain circumstances.

Humanitarian Protections

In some cases, individuals may qualify for humanitarian protections that prevent immediate deportation, such as:

• Asylum or Withholding of Removal: If returning to your home country poses a serious risk of persecution or harm.

• Temporary Protected Status (TPS): For individuals from countries affected by conflict or disaster.

• Deferred Action: A discretionary status granted in compelling cases, such as serious medical conditions or family considerations.

  
  

Reopening Through Prosecutorial Discretion

In recent years, prosecutorial discretion has become an important tool in immigration cases. ICE officers and attorneys can decide to close or reopen cases if a person’s removal is not considered a priority under current enforcement policies.

Seeking Legal Assistance is Key

Deportation proceedings are complex and emotionally taxing, but you don’t have to face them alone. Immigration law is intricate, and a skilled attorney can analyze your situation, identify potential legal solutions, and fight for your rights at every stage of the process.

Elizee Law Firm is dedicated to providing compassionate, effective legal representation to those facing removal. Whether through appeals, motions, or humanitarian petitions, our team works tirelessly to explore every available option to keep you in the United States.

Time is a critical factor in stopping deportation after an immigration judge issues an order. If you or a loved one are facing removal, don’t delay. Schedule a consultation with our team today to discuss your case and start building a path to stay in the U.S. For more information or to book a consultation, visit www.elizeelawfirm.com. 

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. Phone 305-371-8846. The law firm was established in 2012. Ms. Elizee earned her Juris Doctorate at the University of Miami School of Law and her Masters in Law from the University of Washington School of Law.