Receiving a deportation order can be one of the most distressing experiences for an immigrant. It signifies the government’s decision to remove an individual from the United States, often leading to separation from family, loss of livelihood, and a drastic change in life circumstances. However, it’s important to know that a deportation order does not necessarily mean the end of the road. There are legal avenues available to stop a deportation order in progress, but swift action and legal guidance are crucial.
A deportation order, also known as a removal order, is issued by an immigration judge after determining that an individual is in violation of U.S. immigration laws. This could be due to overstaying a visa, committing a crime, or violating the terms of a visa, among other reasons. Once issued, the individual is subject to removal from the country. However, several legal strategies can be employed to halt or delay the deportation process, depending on the circumstances of the case.
Appealing a Deportation Order
One of the primary ways to stop a deportation order is to file an appeal with the Board of Immigration Appeals (BIA). An appeal must typically be filed within 30 days of the immigration judge’s decision. The BIA reviews the case to determine if the immigration judge made any legal errors in the decision. During the appeal process, the deportation order is usually put on hold, allowing the individual to remain in the United States until a decision is reached.
It’s important to note that the success of an appeal depends on the strength of the legal arguments presented. An experienced immigration attorney can help identify potential errors in the initial ruling, such as incorrect application of the law or procedural mistakes. By highlighting these issues, the attorney can argue that the deportation order should be overturned or reconsidered. If the BIA rules in favor of the individual, the deportation order can be canceled, allowing the person to stay in the country.
Motions to Reopen or Reconsider
Another option to stop a deportation order is to file a motion to reopen or a motion to reconsider the case. A motion to reopen is typically filed if new evidence has come to light that was not available at the time of the original hearing. For example, if there is new evidence that supports the individual’s claim for asylum or if there has been a change in the individual’s circumstances that warrants a reevaluation of the case, a motion to reopen can be filed.
On the other hand, a motion to reconsider is filed if the individual believes that the immigration judge made an error in applying the law to their case. This motion asks the judge to review the case again based on the legal arguments and evidence already presented. Both motions must be filed within a specific timeframe, usually within 90 days of the final decision, and they require strong legal justification to be successful.
If a motion to reopen or reconsider is granted, the deportation order is put on hold, and the case is reheard. This gives the individual another opportunity to present their case and potentially avoid deportation. However, these motions are complex and require thorough preparation and legal expertise to ensure the best possible outcome.
Applying for a Stay of Removal
A stay of removal is a temporary delay of deportation, which can be requested while other legal proceedings are ongoing. If an individual has filed an appeal, a motion to reopen, or any other legal action that could affect their deportation status, they may also apply for a stay of removal. A stay of removal prevents the government from carrying out the deportation order while the legal process is still in progress.
There are two types of stays: automatic stays and discretionary stays. An automatic stay is granted when an appeal is filed within the appropriate time limits, automatically putting the deportation on hold. A discretionary stay, however, must be requested and is granted at the discretion of the immigration authorities or the court. To be granted a discretionary stay, the individual must demonstrate that they have a strong case and that deportation would cause significant hardship.
Applying for a stay of removal requires a detailed understanding of the legal process and the ability to present a compelling case for why the stay should be granted. An immigration attorney can assist with the application, ensuring that all necessary documentation is submitted and that the best arguments are made in support of the stay.
Seeking Relief Through Asylum or Other Humanitarian Protections
For some individuals facing deportation, seeking asylum or other forms of humanitarian relief can be a viable option to stop the deportation order. Asylum may be granted to individuals who can demonstrate that they would face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. If an asylum claim is approved, the deportation order is canceled, and the individual is allowed to remain in the United States.
Other forms of humanitarian relief include Temporary Protected Status (TPS), which is available to individuals from countries experiencing armed conflict, natural disasters, or other extraordinary conditions that make it unsafe to return. Additionally, individuals who have been victims of crime or human trafficking in the United States may be eligible for a U visa or T visa, which can provide protection from deportation and a pathway to lawful status.
Applying for asylum or other humanitarian protections is a complex process that requires thorough documentation and a clear demonstration of the risks faced in the individual’s home country. It is highly advisable to work with an experienced immigration attorney who can help prepare and present a strong case for relief.
The Importance of Legal Representation
Stopping a deportation order in progress is a challenging process that requires a deep understanding of immigration law and the legal system. The stakes are incredibly high, as the outcome can determine whether an individual is allowed to remain in the United States or is forced to leave behind their life, family, and future opportunities.
An experienced immigration attorney plays a critical role in navigating these complexities and providing the best possible defense against deportation. From filing appeals and motions to applying for stays of removal or humanitarian relief, an attorney can guide individuals through every step of the process, ensuring that all legal options are explored and that the strongest possible case is presented.
If you or a loved one is facing deportation, it is crucial to act quickly and seek legal assistance. The sooner you engage an attorney, the more time you have to build a defense and pursue the legal strategies available to stop the deportation. Contact us today for a consultation. We are here to help you fight for your right to stay in the United States and protect your future.
