Suppose you are concerned that you could get deported, either for illegally residing in the United States or violating immigration laws. In that case, you may be curious whether it’s possible to appeal a court-mandated deportation order. Discover in this article how you can appeal after receiving a deportation order to continue building a life for yourself and your family in the United States.
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 to significantly increase your chances of remaining in the United States. A deportation order can be reversed for various reasons, and there are multiple methods you can use to try and change your deportation order.
Appealing A Judge’s Deportation Order
If the presiding judge issues you a deportation order, you have 30 days to submit an appeal to the Board of Immigration Appeals. To submit one to the BIA, you should have strong reason to suspect that the judge misinterpreted your case’s facts, resulting in an incorrect verdict. Even if your appeal gets rejected, you can appeal your deportation to the federal circuit courts. You can even request the US Supreme Court as a last resort.
If you plan to appeal your deportation order, it is important to hire a competent immigration attorney. They know a strategic way to prove that the presiding judge either misinterpreted the law or came to an incorrect conclusion. For example, suppose the judge did not consider the facts and evidence that your defense presented during your hearing. In that case, your immigration attorney can help you appeal your deportation order.
Reopening Your Immigration Case
You could request to reopen your immigration case if you or your attorney found new evidence that could convince the presiding judge to reverse your deportation order. But if this evidence is irrelevant to your case, the court will likely decline your application to have your immigration case reopened.
So before you submit one, outline any new facts or evidence that 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. Attending an immigration hearing is a stressful circumstance. There may be facts you forgot to present in your initial hearing, which could also help your case.
If you wish to reopen your immigration case, apply for an extension of your deportation. This way, you’ll have sufficient time for your case to be reopened and for a new verdict to be reached. 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.
Applying For Asylum In The U.S.
Suppose it’s now dangerous for you to return to your country of origin due to changing politics in your home nation. In that case, you can appeal to either withhold your upcoming removal or become an asylum seeker. You’ll also need to file a motion to have your immigration case reopened. This action will help you present new evidence on the current political climate in your home nation and the dangers you may face if you are forcibly deported to your country of origin.
If you are not a legal resident of the United States, you can be forcibly deported if you enter the country illegally. However, no matter the reason for receiving an official deportation order, you will have time to appeal the judge’s decision before your deportation date. So if you want to remain in the US, it’s well worth appealing your deportation order, especially if you plan on living in the US for the rest of your life.
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