What Happens After a Deportation Order?
A removal order from an immigration judge is usually not final for 30 days, the deadline to appeal to the Board of Immigration Appeals. If no appeal is filed, ICE can carry out the removal. Other options include a motion to reopen or reconsider, a request for a stay of removal, and review in a federal court of appeals. A removal order also triggers bars on returning to the US.
A deportation (removal) order is serious, but there are often steps that can delay or change the outcome, as long as deadlines are met.
When does the order become final?
- If the judge orders removal and you reserve appeal, you have 30 days to file a notice of appeal with the Board of Immigration Appeals (BIA) (8 CFR 1003.38). Filing a timely appeal generally prevents removal while it is pending.
- If you waive appeal at the hearing, the order is final immediately.
- An order entered "in absentia" because you missed a hearing is final right away, but can be challenged with a motion to reopen.
Your options
| Option | Deadline | Purpose |
|---|---|---|
| BIA appeal | 30 days from the decision | Argue the judge made legal or factual errors |
| Motion to reconsider | 30 days from the final order | Point out errors of law or fact in the decision (8 U.S.C. 1229a) |
| Motion to reopen | Generally 90 days from the final order (8 U.S.C. 1229a) | Present new evidence or circumstances; special rules for in absentia orders, changed country conditions for asylum, and abuse victims |
| Petition for review | 30 days from the final BIA order (8 U.S.C. 1252) | Ask a federal court of appeals to review |
| Stay of removal | Anytime | Ask ICE (Form I-246) or the court to pause removal while a motion or petition is pending |
What ICE does after a final order
ICE may detain the person and arrange removal, or place them under supervision with regular check-ins while travel documents are obtained. Some people are released on orders of supervision for long periods when their countries do not accept returns quickly.
Bars to returning
A removal order generally bars reentry for 10 years, 5 years after expedited removal at the border, 20 years after a second removal, and permanently after certain crimes (8 U.S.C. 1182(a)(9)(A)). Returning illegally after removal is a federal crime; see reentry after deportation. A waiver called "permission to reapply" (Form I-212) can be requested in some cases.
Alternatives to a removal order
Before a final order, voluntary departure can avoid the removal bar if you leave on time; see voluntary departure.
What to do now
- Get a copy of the judge's decision and write down the date.
- Contact an immigration lawyer immediately; 30 days passes quickly.
- Keep your address updated with the court and ICE.
- Do not sign departure documents without advice.
Sources
- Cornell Law School LII: 8 CFR 1003.38, Appeals to the Board of Immigration Appeals
- Cornell Law School LII: 8 U.S.C. 1229a, Removal proceedings (motions to reopen and reconsider)
- Cornell Law School LII: 8 U.S.C. 1252, Judicial review of orders of removal
- Cornell Law School LII: 8 U.S.C. 1182(a)(9), Aliens previously removed
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.