Can I Appeal a Removal Order?
Introduction
Facing a removal order, also known as deportation, is a challenging and distressing experience for immigrants and their families in the United States. However, it's important to understand that a removal order is not always the end of the road. In many cases, individuals have the right to appeal the order and seek relief from removal. In this blog post, we will explore the process of appealing a removal order and the options available to those facing deportation.
Understanding Removal Orders:
A removal order is issued by U.S. immigration authorities, such as Immigration and Customs Enforcement (ICE) or an immigration judge, and mandates the removal of an individual from the United States. Removal orders can result from various immigration violations, including overstaying a visa, criminal convictions, or immigration status violations.
Appealing a Removal Order:
If you receive a removal order, it is crucial to understand that you may have the right to appeal it. The process for appealing a removal order can vary based on several factors, including the type of removal order and the circumstances of your case. Here are some common scenarios for appealing a removal order:
Notice to Appeal (Form EOIR-26): If you are issued a removal order by an immigration judge, you typically have 30 days from the date of the judge's decision to file a Notice to Appeal (Form EOIR-26) with the Board of Immigration Appeals (BIA).
Appealing to the BIA: The Board of Immigration Appeals is a part of the Executive Office for Immigration Review (EOIR) and handles appeals of immigration judge decisions. You must submit your written arguments and supporting evidence, known as a brief, along with the Notice to Appeal.
Possible Outcomes: The BIA may affirm, reverse, or remand the immigration judge's decision. If you receive an unfavorable decision from the BIA, you may have further options for appeal in federal court, though this process can be complex.
Motions to Reopen or Reconsider: In some cases, you may be able to file a motion to reopen or reconsider with the immigration judge. These motions are typically filed within 90 days of the judge's decision and may be based on new evidence or changes in circumstances.
Cancellation of Removal:
In certain cases, individuals facing removal may be eligible for relief from removal through a process known as 'cancellation of removal.' This option is available to both lawful permanent residents and non-permanent residents who meet specific criteria, including a minimum number of years of continuous presence in the United States and a demonstration of good moral character.
Seek Legal Assistance:
Navigating the process of appealing a removal order can be complex, and the outcome of your case may have life-changing consequences. Therefore, it is highly advisable to seek legal representation from an experienced immigration attorney who can assess your case, guide you through the appeals process, and help you explore all available options for relief from removal.
Conclusion:
While facing a removal order is a daunting prospect, it's essential to remember that you have the right to appeal and seek relief from removal. Seeking the assistance of a qualified immigration attorney is a crucial step in building a strong case for appeal and increasing your chances of remaining in the United States with your loved ones.