Can you fight a deportation order?

One of the widespread questions we get right here at Antonini & Cohen Immigration Legislation Group is whether or not it’s doable to battle a deportation order. Whereas that’s a broad query, the certified reply is, sure, there are a couple of methods to battle a deportation order. 

Quite a bit, nonetheless, is dependent upon timing. Usually,

• Should you by no means obtained discover of your listening to otherwise you have been in Federal or State custody, and also you failed to look at your listening to because of this, you could file a movement to reopen at any time.
• Should you obtained discover however failed to look at your listening to due to distinctive circumstances, you could file a movement to reopen no later than 180 days after the immigration decide ordered you deported.
• If the immigration decide simply ordered the deportation and 30 days haven’t but elapsed, you could enchantment the order to the Board of Immigration Appeals (BIA). The BIA is a part of the Division of Justice, which is separate from the Division of Homeland Safety, the federal company over U.S. Citizenship and Immigration Providers and Immigration and Customs Enforcement. The BIA is strict with the 30-day deadline, nonetheless: lacking the submitting date will imply shedding the best to enchantment.
• If it’s been lower than 90 days because the determination, you could ask the immigration decide to reopen the proceedings and offer you a unique determination. Usually, a movement to reopen is almost definitely to achieve success when there’s some materials change to your case. For instance, a movement to reopen primarily based on an asylum request would possibly element new information in regards to the scenario in your house nation and why it poses a danger to you. 
• If it’s previous 90 days, you should still ask the immigration decide to reopen the proceedings by both a joint movement to reopen (the place the prosecutor (ICE) joins within the movement) or a sua sponte movement to reopen (the place you ask the immigration decide to reopen the case on his or her personal).

Interesting deportation orders is a time-sensitive, difficult course of. If in case you have a deportation order, please name us at (404) 850-9394 or go to us on-line. We’ll be joyful to have a look at it and let you know whether or not you qualify for an enchantment or a movement to reopen.

Marshall Cohen

Marshall Cohen is without doubt one of the founding principals of Antonini & Cohen. Admitted to the Georgia Bar in 1989, he has practiced immigration legislation completely for over 30 years. Mr. Cohen practices all areas of immigration legislation together with household and employment circumstances, short-term and everlasting visas, naturalization, deportation protection, and federal litigation.