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Roadmap to Appealing a Deportation Order
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Deportation is a word that non-citizens in the United States never want to hear, but it is not something that can be avoided or ignored when the U.S. Immigration and Customs Enforcement (ICE) comes knocking. At Kriezelman Burton & Associates, we represent clients in the Chicago area who are facing deportation, and we can help at all stages of the case.
If you are reading this, chances are either you or someone you know has been ordered deported and therefore have questions that you need some answers to. While it is not possible to answer all the questions you may have, this page provides a roadmap of what you can expect from any of our experienced deportation lawyers in fighting to stop your deportation.
A deportation order is usually issued by an immigration judge. Before the judge issues that order, you would have normally gone through what is known as deportation or removal proceedings. This is when you go to court and answer the charges of deportation against you.
Before being ordered deported, the lawyer representing the government must serve you with a Notice to Appear (NTA). The NTA states the reasons why the government wants you deported, usually for being in the country without valid legal status.
You are then given the opportunity to defend against those charges. If, at the conclusion of your deportation or removal hearings, the immigration judge rejects your defenses and orders you deported, then you will have an opportunity to appeal the judge’s decision to a higher court.
Steps in Appealing a Deportation Order
Under U.S. immigration law, anyone ordered deported by an immigration judge can appeal their case to the Board of Immigration Appeals (BIA). The appeal process starts when the immigration judge makes a final decision in your case. This is typically on your last day before the immigration judge, but it can also be after that day.
If the judge makes his or her final decision in court, and it is against you, they will usually ask you if you accept the decision or wish to appeal. While there are cases where accepting the judge’s decision is in your interest, in most cases, you would have to reserve your right to appeal. This means you must tell the judge that yes, you wish to appeal the decision.
There are strict timelines for filing the appeal and related documents. The clock starts running from the time the judge makes their final decision.
Once you have reserved your right to appeal, you must then file a Notice to Appeal with the BIA within 30 days of that final decision.
It would be prudent at this point to engage the services of an immigration lawyer if you did not have one from before. In fact, it is even better to hire a different immigration lawyer for your appeal because the new lawyer may find things your prior lawyer missed. The appeal lawyer will review your file, identify appeal issues, and in some cases, the lawyer may ask the immigration judge to reconsider his or her decision denying your case and having you deported.
Seek Help from a Chicago Immigration Lawyer Immediately
At Kriezelman Burton, we have experienced immigration appeal lawyers who can help you in mounting a successful appeal of your case. Contact us today and let us help you. We are based in Chicago, but we handle deportation cases in Indiana, Michigan, and Wisconsin as well.
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My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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