Can a Deportation Order Be Reversed? A Comprehensive Analysis

Your deportation/removal order can be overturned. The Immigration Judge’s ruling may be reversed, letting you stay in the country until circumstances change.

This could happen if there’s a judge error, insufficient evidence, or new laws protecting those not charged with a crime.

A deportation order, or removal order, is issued by an immigration judge after hearings. Reasons for removability include criminal convictions, immigration fraud, and unlawful presence.

You can seek relief from removal, like Political Asylum or Cancellation of Removal. The ruling can be reversed through Motions to Reopen or Reconsider before the Immigration Judge or an appeal to The Board of Immigration Appeals (BIA).

Three ways to reverse a Deportation or Removal Order:

  1. Motions to Reopen before the Immigration Court or BIA.
  2. Motions to Reconsider your Removal or Deportation Order before the Immigration Court or BIA.
  3. Appeals to the Board of Immigration Appeals.
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Motions to Reopen before the Immigration Court or The Board of Immigration Appeals

To reopen your deportation order, submit new evidence to the Immigration Court or Board of Immigration Appeals. This evidence should not have been available during your original hearing. You can file a motion if you believe this new information will benefit your case. Identify what qualifies as “newly discovered” information.

Examples include documents and key witnesses previously unavailable. Testimony from someone with personal knowledge about you also counts. Changes in laws or court interpretations are common reasons for reopening orders.

Consult an immigration attorney specializing in such cases. They can assess the likelihood of success and advise on pursuing legal action with the Immigration Court or Board of Immigration Appeals.

What makes you eligible to reopen your deportation or removal order?

The Immigration Court and the Board of Immigration Appeals handle various immigration matters.

You can file motions with them during deportation proceedings if you have new evidence not available during your original hearing, like medical records or witness testimony.

They only consider new information unrelated to a previously denied petition. If you didn’t raise your claim earlier, presenting new evidence might not work, especially if you’ve already been denied asylum.

This motion is for anyone deported for reasons excluding terrorism, espionage, sabotage, or national security issues. It’s granted only when justice demands relief.

You must show new facts not known during your hearing that could change the outcome and weren’t deliberately concealed.

Read more: How much does a harassment lawyer cost?

Motions to Reconsider your Removal or Deportation Order Before the Immigration Court or The Board of Immigration Appeals

A Motion to Reconsider points out errors in law or procedure by the immigration judge or Board of Immigration Appeals (BIA). It allows a review of how the case was handled and can be filed by any party, including your attorney.

While not always granted, these motions may change your status or offer relief from removal or deportation. For more information, contact our office.

Winning a Motion to Reconsider means the Court or BIA acknowledged mishandling your case. This could lead to a new hearing or the relief you sought, allowing you to stay in the U.S. legally with your family or for work.

Reasons for needing a Motion to Reconsider include changes in your home country, new defenses like asylum, or alterations in relevant laws by Congress or higher courts.

This motion helps those ordered removal due to denied legal relief or misunderstandings during hearings (language barriers, mental illness, illiteracy).

Consulting an attorney is crucial to determine if filing such a motion is advisable and how to proceed.

File as soon as possible after receiving deportation notice for better chances, though success isn’t guaranteed in these cases, making attorney guidance crucial.

Appeals to the Board of Immigration Appeals

If the Immigration Judge orders your deportation, appeal to the Board of Immigration Appeals (BIA). This appeal protects you from deportation until the higher court reviews possible errors.

Don’t lose hope; immigration law is complex. An experienced lawyer can navigate the system, offering a chance to avoid deportation.

The BIA reviews immigration judge decisions. If ordered deported, file an appeal within 30 days to halt the process. Your lawyer will prepare arguments, and the BIA will assess the case.

The BIA oversees appeals on removal, exclusion, or deportation orders. It examines evidence, legal errors, and potential injustice before enforcing orders against non-citizens.