Guidelines

What is a deportation order?

What is a deportation order?

Deportation, referred to as “removal” in legal terms, occurs when the federal government orders that a non-citizen be removed from the United States. This can happen for different reasons, but typically occurs after the immigrant violates immigration laws or the more serious criminal laws.

What does the deportation mean?

1 : an act or instance of deporting. 2 : the removal from a country of an alien whose presence is unlawful or prejudicial.

What is a removal order?

A removal order bars the individual from returning to the U.S. for a period of years, or in some cases permanently. After a removal order has been issued and, after any appeals, has become final, Immigration and Customs Enforcement (ICE) is responsible for enforcing the order and deporting the individual.

What happens if you have a deportation order?

If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal. You must file this notice within 30 days of the decision by the immigration judge that rendered your removable/deportable.

What is final order deportation?

Once an Order of Removal becomes final, then ICE is supposed to deport you within 90 days, although due to limited resources and higher priorities, it does not always start the process until much later. If you have not been notified by ICE, you have no specific duty to do anything just yet, as it is up to ICE to begin the removal process.

Can I fight a deportation order?

If you face removal from the United States (commonly called “deportation”), then you should know that there are several ways that you can fight it. For example, you could request asylum, ask for Cancellation of Removal because your deportation would cause hardship to your family, or request that the prosecutor use his or her discretion not to prosecute you.

Does a deportation order ever expire?

In the case of an individual who has been convicted and sentenced to a period of imprisonment of at least four years, it is considered that the deportation order will remain in place indefinitely.

Can a deportation or removal order be appealed?

In some cases, a removal or deportation order can be appealed or waived, depending on the individual circumstances. However, an appeal isn’t always available for all removal or deportation orders.