Receiving an order of deportation can be frightening, especially if it came out of the blue. And even if you are a visa holder, you might still be targeted for removal if ICE believes you violated the conditions of your visa. Luckily, you may have options to rebut the order and remain within the United States.
If you receive a deportation order and are fighting to remain in the US, you should immediately gather any documents or information relevant to your case and contact an attorney. Depending on your circumstances, you may be able to appeal the order, seek a temporary stay, or seek protection or cancellation for certain circumstances.
Read below to learn more about what you should do after you receive a deportation order.
What To Expect
Typically, a deportation order will not come without warning. The targeted individual might receive an NTA, or a Notice to Appear, which is an official court summons inviting someone to appear at a hearing before an immigration judge. The NTA will state the grounds for removal from the U.S., which may move very rapidly.
If the immigration judge has issued a removal order, the ICE could make an arrest if the order wasn’t followed. After an ICE arrest, the targeted individual might be detained or released on bond. If the individual was kept in ICE custody, they will be moved to a regional location, most often the Steward Detention Center if they were arrested in Charlotte. In either case, seeking legal help is crucial in these early stages.
Potential Defenses Against Deportation
Depending on what led to the deportation order, the conditions of your home country, and your own personal circumstances, it may be possible to challenge, appeal, or stay a deportation order.
There are a few ways you may be able to fight a deportation order, specifically:
Motions to Reopen: A case may be reconsidered by the Immigration Court or The Board of Immigration Appeal (B.I.A.) if there are supportive laws, facts, or evidence to prove that the deportation order should not stand. Typically a motion to reopen is only granted if the individual was unable to participate in their original proceedings and therefore was unable to defend themselves, or if the conditions in their home country have changed so that they would fear for their safety if they were to return.
Motions to Reconsider: Within 30 days from the date of the deportation order, it is possible to file a motion to reconsider if the immigration judge applied the law incorrectly and therefore to an incorrect or unfair conclusion in the original proceedings. This reconsideration can be seen before the Immigration Court or the B.I.A.
Appeals: The B.I.A. can grant an appeal if the immigration judge in the original proceedings misapplied or misinterpreted the law. Or, a further appeal can be made through the federal circuit court of appeals, or the U.S. Supreme Court.
If you received a deportation order, we encourage you to reach out to our firm to take immediate action to defend your rights within this country. We can assess your case and determine the best possible course of action to defend against your deportation order.
Our firm is passionate about fighting for the rights of our clients and we know what it takes to fight deportation orders. In fact, our firm won every case we took to court in 2021. We are empathetic, knowledgeable, aggressive, and we want to help.
Call (980) 332-2225 today to get in touch with our attorneys at Lively Law Firm.