How to Appeal a Deportation Order


When a person lives in the United States but does not have legal authorization to be here, he or she may receive a notice from the U.S. Citizenship and Immigration Services. This notice may inform the immigrant that he or she may be deported. If you have received a notice of removal, an experienced immigration attorney may be able to assist you with your case.

Reasons for Removal

Individuals may receive removal notices for a variety of reasons. For example, they may have committed a crime, and law enforcement authorities may communicate their illegal status to the USCIS. A person may be scheduled for removal if he or she was caught entering the country illegally. A person may also receive this type of notification if he has overstayed his visa or his green card expired.

Fighting Deportation

There may be a number of defenses which apply to deportation order appeals. A person may contest that he or she committed a crime. This may require the person to plead “not guilty” and proceed with a trial. Another option may be to plead guilty and argue that the immigrant made this plea to avoid being convicted of a more serious offense, such as one involving moral turpitude.

If the deportation order was issued because of problems with an immigrant’s documents, the immigrant can ask the court for a waiver. This type of legal strategy can help a person reapply for a visa or green card in order to have legal status in the United States. A cancellation of deportation order may be available in limited circumstances. To be eligible for this relief, an immigrant must be able to prove that he or she has lived in the United States continuously for at least 10 years and that removal would pose an undue hardship on his or her family who are U.S. citizens.

Appealing Deportation Orders

Once the USCIS makes a decision on a case, the immigrant can appeal it if the decision adversely affects him or her. The appeal is made to the Board of Immigration Appeals. If this appeal fails, an immigrant may be able to appeal again to the United States Court of Appeals.

Assistance from an Immigration Attorney

Immigration laws are often quite complex and complicated. A skilled immigration attorney can assess the merits of the case and a defendant’s probability of success. Other options may be preferable to being deported, such as choosing to voluntarily depart from the country and to legally reenter at a later time.

Contact Madrid Law at 713-877-9400 to get more information on appealing deportation orders.

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