How to Appeal a Deportation Order

Updated on Wednesday 26th October 2016

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A deportation order can be issued for an individual born outside of the U.S. if the immigration authorities in the country find it appropriate. The reasons for a deportation order can include:

•    The individual’s green card or visa expired;
•    The individual committed a crime which obliges the U.S. authorities to remove him or her to his or her country of origin;
•    The individual came illegally to the U.S.;
•    The individual was allowed to enter in the country based on fake documents.

If you were issued a deportation order from an immigration judge in the U.S., it is advisable to seek immediate advice from a Miami immigration lawyer

Basis for a deportation order appeal in the U.S.

Whether you have a basis to appeal for your deportation order depends on what your requirements are. There has to be a rational basis upon which to debate that the immigration judge committed a legal error, which is crucial to be proven in an appeal. You cannot file new evidence.

Deportation order process in the U.S. 

Together with your immigration attorney in Miami or alone, if you can decide to submit an appeal, this will have to be effectuated with the Board of Immigration Appeals (BIA). The appeal for the deportation order will have to be filed within 30 days from the date you received it.

Reasons to apply for a postponement of deportation

There can be different reasons why you and your immigration lawyer in Miami can apply for a postponement of deportation. If, for example, you are too ill to travel, or you might have come across a new legal reason to keep residing in the U.S. In case this occurs, you can request for your deportation to be delayed through submitting an application for a deportation postponement. If it is approved, you will be able to reside in the U.S. for a longer period of time and possibly to be employed in the meantime.

The procedure of appealing a deportation order in the U.S. is quite specific and can only be effectuated in certain conditions. Most of the time, an immigration lawyer in Miami will have to be asked for guidance and representation when facing a deportation order. If that is your case, or if you would like more information on how to appeal a deportation order, please contact us


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