If you are concerned that there is a chance that you could be issued a deportation order in the future, either for illegally residing in the United States or violating immigration laws, you may be curious about whether it's possible to appeal a court-mandated deportation order. To discover how you can appeal a deportation order, in order to continue building a life for yourself in the United States, simply continue reading.
Appealing To A Deportation Order
If you find yourself in an immigration hearing and are given a deportation notice, you will have sufficient time to appeal the judge's decision. So it's well worth seeking legal counsel in order to significantly increase your chances of being able to remain in the United States. A deportation order can be reversed for a variety of reasons and there are multiple methods that you can use to try and reverse your deportation order.
Appealing A Judge's Deportation Order:
If during your deportation hearing the judge that presides over your case issues you with a deportation order, you will still be able to appeal your deportation. From the day of your immigration hearing, you'll have a period of 30 days to submit an appeal to the Board of Immigration Appeals. In order to submit an appeal to the BIA, you should have strong reason to suspect that the judge misinterpreted the facts in your case and as a result arrived at an incorrect verdict. Even if your appeal is ultimately rejected, you can choose to appeal your deportation to the federal circuit courts. As a last resort, you can even lodge an appeal to the US Supreme Court.
If you plan to appeal your deportation order, hiring legal representation from an immigration attorney, is a smart move. As your immigration attorney will know the best way to prove that the judge who presided over your hearing, either misinterpreted the law or came to an incorrect conclusion. For example, if the judge who was responsible for your deportation order did not take the facts and evidence which your defense presented into account, during your hearing, your immigration attorney will be able to help you appeal your deportation order.
Reopening Your Immigrationg Case
You can make a request to reopen your immigration case if you or your legal representative have discovered critical new evidence, that could convince the judge presiding over your case to reverse your deportation order. Keep in mind that you only have 90 days after you have been issued a deportation order to gather relevant pieces of evidence to support your appeal. If the new information which you'd like to present to the immigration court, is not relevant to your case, your application to have your immigration case reopened will likely be declined.
To reopen your immigration case, you'll need to submit a motion to reopen, which is essentially a letter that explains why you believe your case should be reopened. In your submission make sure to outline any new facts or evidence, which you believe could change the outcome of your initial hearing. It's also a wise idea to include specific laws that could prove that you should not be deported. As being made to attend an immigration hearing is a stressful circumstance, there may be facts that you forgot to present in your initial hearing, that could also help your case.
If you wish to reopen your immigration case, keep in mind that you should also apply for an extension of your deportation so that there is sufficient time for your case to be reopened and for a new verdict to be reached. In order to have your deportation date pushed out to a later date, you'll need to fill out an application form to extend your deportation date. This will allow you ample time to defend yourself during your second immigration court hearing.
Reopening Your Case If You Were Absent During Your Original Hearing
Sometimes individuals are not informed of their immigration hearings or are unable to attend their initial hearings. If you weren't notified of your immigration hearing and as a result were unable to attend the hearing, you'll be able to request to reopen your case by stipulating that you were unable to challenge the charges which were made against you. In this case, however, you will need to prove that you either had no knowledge of your initial hearing or were genuinely unable to attend your hearing. Just remember that you only have 180 days from the date of your initial hearing, in order to try and reopen your case. If you require assistance reopening your case, it's well worth talking to an experienced local immigration attorney.
Applying For Asylum In The US
If it's now dangerous for you to return to your country of origin as a result of changing politics in your home nation, you can make an appeal to either withhold your upcoming removal or to become an asylum seeker. If you find yourself in this challenging scenario, you'll also need to file a motion to have your immigration case reopened, so that you can present new evidence on the current political climate in your home nation and the dangers that you may face if you are forcibly deported to your country of origin.
If you are not a US citizen and are simply a US resident you can be deported from the United States for breaking immigration laws. If you are not a legal resident of the United States you can be forcibly deported if you entered the country illegally. However, no matter why you have received an official deportation order, you will have plenty of time to appeal the judge's decision before your deportation date arrives. So if you want to remain in the United States, it's well worth appealing your deportation order. Especially if you plan on living in the US for the rest of your life.