Appealing Your Deportation Order

Feb 16, 2016 | Appeal

Some of my immigration clients are facing the threat of deportation, or already have an existing deportation order. When they first consult with me, some of them want to know if this means the “end of the road” for their case. My answer is “maybe,” depending on the case. Every case is different, with different fact patterns, but if you are under an existing deportation order, you may want to consult with a Miami immigration lawyer to discuss your options. Below are some frequently asked questions.

I have been ordered deported by an immigration judge. What happens now?
At this point, you can and should consult with a Miami immigration lawyer. You are ordered deported, you may have grounds upon which to file an appeal. Your deportation will be “stayed” (held off on) while you pursue that appeal.

What is the process by which I can appeal my deportation order?
If you and/or your Miami immigration lawyer decides to move forward on your appeal, you will have to submit your appeal to the Board of Immigration Appeals (B.I.A.).

Is there a deadline for appealing my deportation order?
Yes. You have 30 days in which to submit your appeal. If you have any questions in regard to this, you may want to speak with a Miami immigration lawyer.

What are some reasons to apply for a stay of removal (i.e. a postponement of deportation)?
There are several reasons why you and/or your Miami immigration lawyer would apply for a stay of removal. For instance, you may be too sick to travel, or you may have discovered a new legal basis to remain in the country. If this happens, you can ask that your deportation be postponed by filing an application for a “stay.” If your stay is granted, you get more time in the U.S., and possibly the right to work before you have to leave.

What else should I consider?
The process of appealing a removal or deportation order is very specific and is only available under certain circumstances.  In most cases, you’ll need to hire a lawyer if you are a facing a removal order.  Removal/deportation hearings are among the most serious types of legal proceedings, so be sure to consult with a qualified Miami immigration lawyer if you need legal representation.

If you would like more information on appealing a deportation order, please contact Miami immigration lawyer The Law Office of Tatiane M. Silva, P.A., Esq. at (305) 895-2500 or visit our website at tmsilvalaw.com.