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Can You Appeal a Deportation Order?

Posted On:
March 27, 2018
Posted By:
Justin Burton

Can You Appeal a Deportation Order?

There are few things that are more stressful and intimidating than facing a removal order. Deportations from the U.S. are far from rare. Immigration Customs and Enforcement (ICE) reports that there were 226,119 removals in fiscal year 2017 alone. Yet, despite the fact that deportations are so common, it can still often be difficult for immigrants to get information about their legal rights.

If you are facing a deportation/removal order, you have the legal right to file an appeal. To exercise this option, you must take immediate action. You generally only have 30 days to file an appeal. If you fail to take action in time, you could lose out on your legal rights. Here, our experienced Chicago deportation defense lawyers highlight the key aspects of the deportation appeals process.

Three Steps to Appeal the Removal Order

  • Challenge the Order with USCIS

The first step in the appeals process is considering whether or not you should challenge your removal order directly with United States Citizenship and Immigration Services (USCIS). There are some cases in which raising the issue with USCIS might be effective. Specifically, if you are at risk of being deported over expired documents or other paperwork errors, you may be able to fix the issue with USCIS.

  • Take Your Case to the Board of Immigration Appeals (BIA)

In a deportation/removal case, your primary appeal must be filed with the Board of Immigration Appeals (BIA). To be clear, you must initiate your appeal with the BIA within 30 days of the date of your initial decision. No matter how strong your case, you should always be represented by a skilled immigration lawyer when bringing your appeal before the BIA. There is so much on the line; your immigration lawyer will be able to help you put together the strongest possible appeal.

  • File an Appeal in the U.S. Court of Appeals

The Board of Immigration Appeals does not necessarily get the final say in your case. If you receive an adverse decision from the BIA, you may still have the ability to escalate your claim to the United States Court of Appeals. It should be noted that it is unusual for deportation appeals to get this far in the process. While it occurs in some cases, it is imperative that you are able to submit the strongest possible case before the Board of Immigration Appeals.

Contact Our Cook County Immigration Attorneys Today

At Kriezelman Burton & Associates, LLC, our Illinois deportation defense attorneys have a deep understanding of what is at stake in removal proceedings. If you or a loved one needs help appealing a deportation order, immediate action is required. Please call our law firm today to for professional legal guidance. From our primary office in Chicago, we represent clients in Cook County, Lake County, DuPage County, and Will County.

Schedule A Consultation!

As we respond to the current events surrounding COVID-19, the health and safety of our clients and staff remains paramount. Effective March 21, 2020 until April 7, 2020, we remain open for business, as an essential service per Governor Pritzker’s March 20, 2020 “Stay at Home” Executive Order. However, we are temporarily suspending in-person client services at our office. Instead, we are offering user-friendly web-based video conferencing and regular teleconference appointments. The video conferencing feature is simple to use for those with internet access and comes at no extra charge to our clients -- we encourage its use whenever possible.

Please contact your attorney to set this up via email or call us at 312-332-2550 to set up a video conferencing consultation.

Thank you,

The KB&A Team

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