Receiving a deportation order from United States can be a devastating event. However, such an order does not mean your immigration case has come to an end. Depending on the circumstances of your case, there are ways to challenge a deportation order and stay in the United States. The following post will teach you how to revoke a deportation order by determining whether you have grounds to appeal or challenge the order and getting assistance from an immigration attorney.
A deportation order occurs as a result of an adverse decision entered by a judge on an immigration case. A deportation order will typically be entered after the applicant has presented his or her case in court. If you disagree with the decision of the immigration judge, you have the right to appeal to the Board of Immigration Appeals (BIA) for relief. Types of relief at this stage in the process include discretionary relief, cancellation of removal, asylum, voluntary departure, and administrative relief. To be considered, an appeal must be filled within 30 days from the date that it was issued by the court.
There must be a legitimate reason to appeal a deportation order. The bases on which an applicant may file an appeal are outlined below.
If your deportation is based on the fact that you didn’t appear at your hearing, you may file a motion to reopen to lift the in-absentia order. You will automatically and immediately get a “stay of deportation” by filing a motion to reopen the case. The stay will last at least as long as it takes the judge to determine whether or not to reopen your case. If the judge grants the motion to reopen, you can’t be deported while the case is going on.
As the name suggests, if your personal circumstances have changed since your court decision, you may be able to reopen your case. A common example of this is changed country conditions. If conditions in your home country have turned hostile and therefore you feel as if it is unsafe to return, you could be eligible to reopen your case under a changed circumstances argument.
If new information has been discovered, you might be eligible to reopen and have your case heard based on the new facts or evidence. The court will consider the new evidence in relation to the type of relief you have submitted for.
The first step in filing for an appeal is to complete a Notice of Appeal (Form EOIR-26) and provide a copy of it to the attorney who represented the United States government at your hearings. You must advise the Board of Immigration Appeals (BIA) that you did this by including a “Proof of Service.” Form EOIR-26 asks you whether you plan to file an additional written brief or statement later, and it is highly recommended that you do so with your attorney’s assistance. There is a filing fee of $110.00 that must be paid by a check with your name and alien number on it made out to “United States Department of Justice.” After receiving your Notice of Appeal, BIA will send you a deadline for submitting your brief.
Working towards getting a revocation of your deportation order requires adherence to strict deadlines and expert knowledge of the inner-workings of the law. It is extremely important to hire an immigration attorney who is educated on how to appeal a deportation order, because not only can the process be difficult and complex, but it can also result in your removal from the United States. Check credentials and get reliable references before hiring, and be sure to develop a relationship with your attorney!
We encourage you to schedule a free consultation today! Contact Attorney Eric Price to get professional assistance in stopping your deportation order!
Immigration Detention is the process by which a non-citizen is identified, apprehended and processed into immigration custody through the restriction of their liberty.
Immigration detention in the U.S. stems back to the First World War where Ellis Island was used as an immigration detention center due to the influx of immigrants into the U.S. Notably, the U.S. also used internment camps at the height of the Second World War to detain Japanese- American in less than desirable immigration detention center conditions.
However, the birth of what are immigration detention centers currently began in the 1980’s during the migration of Cubans and Haitians to the U.S. Currently, ICE immigration detention and immigration centers have risen dramatically.
Subject to some discretion, the immigration laws call for mandatory detention of all arriving non-immigrants into the country, consequently leading to higher rates of ICE immigration detention and the proliferation of more detention centers.
Due to the growing violence in Mexico and Central America, immigration into the U.S. is on the rise. As a result, immigration detention centers are used to house the influx of immigrants and process their immigration cases.
A non-citizen must know what to expect when subjected to ICE immigration detention within an immigration detention center. What are immigration detention centers like?
First, it is important to know that women and men are housed separately to adapt to the non-citizen’s gender specific needs within the immigration detention center conditions. An immigration detention center is similar to, if not equal to the conditions of a jail or prison.
Detainees are often times separated into violent and non-violent offenders within the immigration detention center for the security and protection of all housed in the facility. The length of detention of each detainee within the facility varies, depending on the fact-specific circumstances surrounding the individuals case.
The immigration detention center conditions are often times reported as sub-par although it fluctuates from facility to facility, however, there have been reported violations of detainee’s rights.
Detainees must report any issues within the immigration detention center including access to medical care, children’s needs, injuries at the detention center, violence and any other relevant concerns.
Immigration detention centers should grant detainees access to counsel and visitation rights for family members, however all facilities have their own rules and regulations, as such, information on the specific immigration detention center must be reviewed on a facility by facility basis.
When an individual is in ICE immigration detention the first step is to know your rights. Most of the steps to protect yourself must be taken before arriving at the immigration detention center.
First, while being processed to go into an immigration detention center, you have the right to remain silent and assert your right to counsel. When you are in ICE immigration detention you should seek counsel to analyze your case and determine what your rights are while in ICE immigration detention.
This is particularly important as it will determine if you have the right to a bond with ICE or a bond hearing before the Immigration Judge. To be able to apply for a bond is key to the strategy behind the immigration case as a whole, as it guarantees, if granted, that the individual will not be subject to what are immigration detention center prolonged detention times.
If you do not have the right to a bond, you must complete your case within the immigration detention center before an Immigration Judge under immigration detention center conditions.