Your deportation/removal order can be overturned. In many cases, the Immigration Judge's ruling is reversed and you're free to stay in this country for as long as you want - or at least until things change again. There are a few ways this might happen such as: if there was an error made by the judge when interpreting law or procedures; if they didn't have enough evidence before making their decision; or because of new laws passed that benefit people like yourself who haven't been charged with any crime but still need protection from persecution abroad
A deportation order, also known as a removal order, is issued by an immigration judge after he or she has conducted various hearings (known as Master Calendars and Individual Hearings)in order to determine:
- If you are removable from the United States under the law. The most common reasons for removability are inadmissibility due to criminal convictions, certain immigration frauds or misrepresentations; and unlawful presence.
- Whether or not you qualify for any relief from removal since as Political Asylum, Withholding of Removal, Cancellation of Removal, Voluntary Departure, etc,
It is important to note that this type of ruling can be reversed in many cases and there are certain steps you may take to see if your deportation or removal order can be overturned. Sometimes these reversals are obtained by returning to the Immigration Judge who ruled on your case and sometimes they are obtained by convincing a higher court that the Judge made an error in interpreting the law or procedures.
The procedures for going back to the Immigration Judge for a reversal of his or her previous decision are known as Motions to Reopen or Reconsider. The process to have the higher Immigration court review what happened in your case is known as an appeal to The Board of Immigration Appeals (commonly referred to as the BIA)
This article will discuss how and when a deportation or removal order can be reconsidered by either the original court or by a higher court and what you need to do in each situation so that you are best prepared to seek out a, reopening, reconsideration or reversal.
There are three common ways to get a Deportation or Removal Order reversed. They are...
- Motions to Reopen before the Immigration Court or The Board of Immigration Appeals
- Motions to Reconsider your Removal or Deportation Order Before the Immigration Court or The Board of Immigration Appeals
- Appeals to the Board of Immigration Appeals
Motions to Reopen before the Immigration Court or The Board of Immigration Appeals
A motion to reopen your deportation or removal order involves filing with the Immigration Court or the Board of Immigration Appeals, newly discovered evidence that was not reasonably available at the time of your original removal, deportation, or exclusion hearing. You can file for a motion to reopen if you think that new information will help your case. It's important to know what kind of information qualifies as "newly discovered." Among common examples of newly discovered evidence in Immigration proceedings are:
Evidence the Immigration Court never had before like documents and important witnesses to testify on your behalf at an immigration hearing who were unavailable for previous hearings; The testimony from another person with personal knowledge about you can be considered "newly-discovered evidence." New laws or new court interpretations of existing laws are also often used as a basis for reopening removal/deportation orders.
The best way to find out is by contacting an immigration attorney who specializes in motions to reopen cases like yours. They'll be able to tell you how likely it is for them to win on this type of motion and whether they think it's worth pursuing further legal action with the Immigration Court or Board of Immigration Appeals.
What makes you eligible to reopen your deportation or removal order?
The Immigration Court and the Board of Immigration Appeals have jurisdiction over a wide variety of immigration matters, including motions before the court or board. If you are in deportation or removal proceedings, you may file a motion with either the Immigration Court or Board if you have managed to obtain newly discovered evidence that was not reasonably available at the time of your hearing. Such evidence might include medical records, newly discovered evidence (such as police records, group membership documents, or testimony of a witness who has new information that was not available at the time of your original hearing.
The Immigration Court and the Board of Immigration Appeals are limited to reviewing new information that is not related to a previous petition for relief that was already denied by either court; it cannot be considered in cases where there has been no prior denial/denial based on such record(s). In other words: If you didn't raise your claim with an immigration judge earlier but now have medical documents as proof it is unlikely that you will succeed. For example, if someone had previously filed asylum without success this motion would likely fail if they didn't bring up their argument or allegation at the original time when he or she could've done so.
This type of motion can be filed by any person who has been ordered deported or removed from this country for reasons other than those involving terrorism, espionage, sabotage, genocide, and other national security issues. A motion to reopen will only be granted when it appears that justice would best be served by granting relief from deportation or exclusion. In general, an applicant must show that he or she has new facts which were not known at the time of his/her hearing and could not have been reasonably discovered earlier through due diligence on his or her part; these facts would probably change the outcome if they had been presented at trial, and he or she did not deliberately conceal them during his/her proceeding(s).
Motions to Reconsider your Removal or Deportation Order Before the Immigration Court or The Board of Immigration Appeals
A Motion to Reconsider involves showing that the immigration judge or board of immigration appeals made an error in law or procedure. A motion to reconsider lets the immigration court or the BIA revisit how the case was conducted. Such a motion is essentially a request that the immigration judge or board of immigration appeals (BIA) revisit how the case was conducted. It can be filed by any party, including an attorney who has been retained to represent you in your removal proceedings.
These types of motions are not always granted, but they may lead to a change in status and/or relief from removal or deportation order. If you have questions about this process please contact our office for more information on how we can help you with your situation today!
If you win a Motion to Reconsider, it means that your case was not handled properly by the Court or BIA and after revisiting the matter they determined that you are either entitled to a new hearing or that you should be granted outright the relief you sought. You may be able to remain in the United States and stay with your family or work in America legally.
There are many and varied reasons why someone might need a Motion to Reconsider their Removal or Deportation Order before the Immigration Court. For example, if there is a new material change of circumstances in your home country, then this would be grounds for reconsidering removal from the U.S., as well as other possible defenses such as asylum status or withholding of removal under international law. Another common basis involves when the U.S. Congress or a higher court either change a relevant law or change the legal interpretation of that law.
A motion to reconsider can help someone who has been ordered removed from the United States because they were denied an opportunity for legal relief at their immigration hearing or because they did not understand what was happening during their court proceedings due to language barriers, mental illness, illiteracy etcetera. It is important that anyone seeking relief should consult with an attorney about whether filing such a motion is appropriate and advisable and how best to proceed with any pending motions before proceeding on his/her own accord without representation by counsel. The sooner you file a motion after being served with notice of your order of deportation (or removal), the better the chances you will have at having it granted by an immigration judge or board member on appeal. However, there are no guarantees when it comes down to these types of cases so consulting with an experienced attorney is crucial.
Appeals to the Board of Immigration Appeals
Even if the Immigration Judge has ruled that you be deported or removed back to your home country you have a right to appeal that decision to the next highest court known as the Board of Immigration Appeals (BIA). A properly filed BIA appeal of a removal, exclusion, or deportation order will protect you from deportation until the higher court can review your case for legal and/or procedural errors by the Immigration Judge.
If you are feeling like your case is hopeless, it might not be. Immigration law has many complicated rules and regulations to operate within which can make the process seem impossible at times. But with a highly experienced lawyer at your side who knows their way around this system, there may still be hope for avoiding deportation or removal!
The Board of Immigration Appeals is a court that reviews immigration judge decisions. If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal. You must file this notice within 30 days of the decision by the immigration judge that rendered your removable/deportable. This will also start a process whereby a transcript of your hearing is generated and a briefing schedule set so that your lawyer can prepare for written arguments before the Board.
The Board of Immigration Appeals has jurisdiction over all appeals from orders of removal, exclusion, or deportation issued by an immigration judge against aliens who are not citizens or nationals of the United States. These cases involve questions as to whether there was substantial evidence in support of such an order; whether there was an error in law which might have affected its outcome; and whether it would be manifestly unjust to enforce such order against the appellant because he/she is not guilty of any criminal offense involving moral turpitude (other than one involving simple possession).