What Happens After An Appeal Against A Deportation Order?

So, you want to extend your stay in the United States. Unfortunately, the judge has ordered a deportation order. You then decide to appeal your case. If you submitted a request to the Board of Immigration Appeals (BIA), what happens afterward? Here’s what you should know.

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Appeal To The BIA

If you choose to submit a request to the Board of Immigration Appeals, you will not go through another hearing in a courtroom. Instead, the BIA will review all the evidence and documents from your initial immigration and merits hearing. 

On rare occasions, they may invite individuals to their headquarters in Virginia to provide a verbal statement. There’s little chance of this happening, though; a written statement is usually enough.

The BIA’s Decision

After you have submitted your immigration appeal, expect to wait 6 to 12 months for a verdict. You may need to wait longer than 12 months if your case is particularly complex. Remember to get an extension to stay in the United States when you appeal. This way, you can stay in the country while the process is ongoing.

You can still get your deportation order revoked, even if the BIA denies your appeal. It is an option to submit an appeal to the Federal Circuit instead.

Appeal To The Federal Circuit

If you are still adamant about remaining in the United States, you’ll need to submit an appeal to the Federal Circuit. You can do this within 30 days of receiving the BIA’s final decision. If you wait longer than 30 days, you can no longer submit a request. As a result, you will need to comply with your deportation order.

Waiting For The Federal Circuit Decision

There are 13 courts that make up the Federal Circuit. The time it will take for a decision may depend on where you filed. For example, if your initial immigration hearings occurred in Texas, the Fifth Circuit will process your appeal. Most of the courts in the Federal Circuit take between 12 months and 22 months to make a decision. However, in some cases, circuits can come to a conclusion within 6 to 7 months. This depends on the complexity of your case.

Appeal To The Supreme Court

If both the BIA and the Federal Circuit deny your appeals, you can choose to appeal to the Supreme Court. However, there is a high likelihood that you’ll have your request denied. For the most part, the Supreme Court will only take on extraordinary cases.

What Happens If All Your Appeals Are Denied?

If all three agencies deny your appeals, you must comply with your deportation order. This means that you’ll need to turn up at the stated venue at the time and date listed on your newest deportation order. You may need to wait 5 to 20 years to reenter the United States. However, it is possible to be able to get your ban waived. Immigration officials may grant you a temporary visa to reenter the country.

Seek An Experienced Immigration Lawyer

You want to have the best possible chances of staying in the United States, even after a deportation order. Lincoln-Goldfinch Law has immigration attorneys who will bolster your chances of getting favorable results. It’s best to consult an attorney and ensure a seamless appeal application.


When you appeal against your deportation order, you start with the Board of Immigration Appeals. The BIA will review your case and choose to either uphold or overturn the deportation order. If it’s the former, then you can appeal to the Federal Circuit. Your last option is the Supreme Court, which mainly handles significant cases. Losing in all three will force you to comply with your deportation order. However, you may reenter the United States in 5 to 10 years. For better chances at favorable results, consult with an immigration attorney.

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