Roadmap to Appealing a Deportation Order

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.