Deportation can separate families, disrupt work and education, and close the door on future opportunities in the United States. Receiving a final order of removal is frightening, but it does not always mean your case is over. There are still important legal steps that may help delay or challenge the removal order and even to reopen your case. However, it is advised to contact an experienced immigration lawyer right away so you can explore your options available to give you the best possible chance at a future in the U.S.

Steps to Take After an Order of Removal

An order of removal is the formal decision by the U.S. government that a noncitizen must leave the country. After receiving an order of removal, it is critical to carefully evaluate your options and take prompt legal action. Understanding the available remedies can help you potentially delay deportation and seek a path to remain in the United States. Immediate steps often include consulting an immigration attorney, reviewing your case for errors, omissions, or overlooked defenses, and determining whether other forms of relief are available. 

Options Available After Receiving Final Removal Order

Once a removal order has been issued, there are legal options available to pause, challenge, or potentially reverse the decision. These options include filing an appeal, requesting a stay of removal, or submitting a motion to reopen. Acting quickly is essential because deadlines for filing are strict, and failure to respond can result in immediate enforcement of the removal order.

A motion to reconsider may also be filed if you believe the immigration judge or the Board of Immigration Appeals made a legal or factual error in the decision. This motion asks the same court to review its ruling based on the existing record, without introducing new evidence.

Appeal to the Board of Immigration Appeals

One option after a final order is to file an appeal with the Board of Immigration Appeals (BIA) within 30 days of the final order. Filing an appeal temporarily halts removal while the BIA reviews the case, giving the individual time to seek additional legal remedies.

After the notice of appeal is filed, the hearing transcripts and related records are uploaded to the BIA system. This allows the attorney to carefully review everything that occurred during the immigration court proceedings to identify potential errors or additional grounds for appeal, such as due process violations or misapplications of the law.

Stay of Removal

A stay of removal is a temporary pause in deportation, providing time to pursue legal action or relief. Without a stay, ICE can conduct the removal immediately after the final order.

A stay can be requested in several contexts. For example, when filing an appeal with the Board of Immigration Appeals, submitting a motion to reopen or reconsider, or while seeking judicial review in federal court. In some cases, a stay may also be requested directly from Immigration and Customs Enforcement (ICE) based on humanitarian or procedural grounds.

Because deportation can happen quickly after a final order, it is crucial to seek legal assistance promptly to determine eligibility and file a stay request before removal is carried out.

Motion to Reopen

A motion to reopen allows an individual to ask the immigration court to review their case again based on new evidence or changed circumstances. The general rule is that a motion to reopen must be filed within 90 days of the final removal order. However, there are important exceptions:

• If the removal order was issued in absentia (because the person did not appear at the hearing), the deadline is 180 days if the absence was due to exceptional circumstances, such as a medical emergency or family crisis.
• If the person never received proper notice of the hearing or was incarcerated at the time, the motion can be filed within a reasonable time after learning about the order.
• If the motion is based on changed country conditions or new evidence that was not previously available, it may be filed at any time.

Because there are several valid reasons to request reopening, it is important to understand that the passage of time does not automatically bar someone from filing a motion to reopen. Each situation depends on the facts of the case and the basis for the request.

Asylum

Asylum is a legal protection for individuals who fear persecution in their home country, allowing them to stay in the U.S.  Applications must be filed within one year of arrival, with limited exceptions.  However, even after a removal order, it may be possible to apply for asylum if conditions in the individual’s home country have changed, creating new risks of persecution.

Voluntary Departure and Post-Removal Relief

In some cases, a judge may allow voluntary departure, allowing the individual to leave the U.S. on their own within a certain timeframe. This can make it easier to lawfully return in the future compared to forced removal, which can come with lengthy bars to reentry. After voluntary departure, individuals may still pursue options like reopening their case, applying for asylum, or requesting waivers to reenter legally.

Navigating options after a removal order is complex, and strict deadlines apply to each form of relief. Consulting a qualified immigration attorney immediately is crucial to protect your rights and explore every possible legal option to challenge or delay removal.

Contact Cruz Torres Legal Services for Removal Defense Help

At Cruz Torres Legal Services, LLC, we understand how overwhelming it can feel when facing an order of removal, and we can provide you with legal strategies to help protect you and your family. Whether it is filing an appeal, requesting a stay of removal, or submitting a motion to reopen, acting quickly is crucial to preserve your rights. Contact us today to schedule a consultation where we can evaluate your options, safeguard your future in the United States, and ensure the best possible outcome for you and your family.