If you’re an immigrant residing in the United States and facing a case in Immigration Court that seems to be going against you, the judge may issue an order of removal, also known as a deportation order. This order means you are not allowed to stay in the country and must return to your country of origin. In most cases, you will be prevented from returning to the U.S. for some time. This can be years or permanently, meaning you may never be permitted to re-enter the country. Receiving a deportation order can be an overwhelming experience. Many foreign nationals wonder whether they have the right to appeal this order. Please continue reading to learn how you can appeal a deportation order and how our seasoned Essex County Deportation Defense Attorneys can help protect your future in the U.S.
What is a deportation order?
If the immigration authorities determine that an immigrant should be removed from the country, they will receive a deportation order. This means that they will be deported back to their country of origin. Generally, it is the U.S. Department of Homeland Security (D.H.S.) and the Immigration Court that considers whether a foreign national is authorized to stay in the country. If the appropriate parties determine that you should be removed from the country, Immigration and Customs Enforcement (I.C.E.) is responsible for enforcing the deportation order and ensuring that after the deportation order has gone through the appeal phase, depending on the outcome, they are removed from the U.S.
Unfortunately, there are several reasons why an immigrant may be issued a deportation order. However, this judgment is most commonly the result of having criminal charges against them after violating U.S. law. A foreign national may also receive a deportation order for illegally entering the country, violating the condition of their legal status, or representing a threat to the public safety of the U.S.
How can I reverse an order of removal?
While it can be a frightening experience to recieve a deportation order, the good news is that you could have grounds to file an appeal. If you file an appeal within the right timeframe, your deportation will be held off until after the appeal process. If you believe that your immigration case should’ve resulted in a different outcome, you are entitled to file an appeal. Appeals from Immigration Court decisions are carried out by the Board of Immigration Appeals (B.I.A.) Once the judge has made their decision, you have a period of 30 days from the issuance of your deportation order to file an appeal. It’s essential to adhere to the strict legal deadline, as failure to do so will result in being barred from filing an appeal, and I.C.E. will proceed with enforcing the deportation process. Do not wait too long to file your appeal to protect your rights.
If you’ve been issued a deportation order, you should consider enlisting the legal assistance of a qualified Essex County deportation defense attorney, who can help you navigate your legal options and fight to keep you from being removed from the country.
