A deportation order, more commonly called a removal order under current U.S. immigration law, is a legal determination requiring a noncitizen to leave the United States. Removal proceedings are generally handled by immigration judges within the Executive Office for Immigration Review (EOIR), while the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), is responsible for enforcing final removal orders.
However, receiving or discovering a removal order does not necessarily mean that no legal options remain. Depending on the circumstances, a person may be able to appeal, file a motion to reopen or reconsider, request a stay of removal, or pursue another form of immigration relief. Because deadlines can be extremely important, obtaining legal advice promptly is critical.
How Do I Know if I Have a Deportation Order?
There are several ways to determine whether you have an immigration court case or a removal order in the United States.
Check With the Immigration Court
EOIR maintains information concerning immigration court proceedings. Individuals can use their Alien Registration Number (A-Number) to check available case information through EOIR’s automated case information system.
For more complete records concerning an immigration case, it may also be possible to submit a Freedom of Information Act (FOIA) request to the appropriate federal agency.
Check by Phone
EOIR operates an automated case information telephone system at 1-800-898-7180. You generally need your A-Number to obtain information about your immigration court proceedings.
It is important to note that this is an EOIR immigration court information number, not an ICE customer-service number.
Consult an Immigration Attorney
If you are unsure whether you have been placed in removal proceedings, whether an order was entered against you, or what information appears in your immigration record, an immigration attorney can help investigate your case and explain the available options.
This can be particularly important if you have moved, missed immigration correspondence, or believe an order may have been entered without your presence.
Reasons Someone May Face Removal Proceedings
There are many reasons a noncitizen may be placed in removal proceedings. Depending on the circumstances, these may include:
- Entering the United States without authorization or violating the terms of an immigration status.
- Certain criminal convictions or conduct covered by U.S. immigration law.
- Immigration fraud or misrepresentation in certain circumstances.
- Violations of immigration laws after admission to the United States.
- Certain national security or public safety grounds.
The existence of a particular issue does not automatically determine the outcome of a case. Immigration law contains numerous exceptions, defenses, waivers, and forms of relief, making an individualized evaluation important.
Can a Deportation Order Be Removed or Reopened?
In some circumstances, it may be possible to challenge or reopen a removal order.
For example, a person may potentially file a motion to reopen based on qualifying circumstances or a motion to reconsider when there is an alleged error of law or fact. Different deadlines and requirements apply depending on the type of motion and circumstances of the case.
Someone with a final removal order should not assume that the order can—or cannot—be reopened without first having the case evaluated.
It is also important to distinguish a motion to reopen a removal order from cancellation of removal, which is a specific form of immigration relief with its own eligibility requirements.
Can I Appeal a Removal Order?
Certain decisions issued by an immigration judge can be appealed to the Board of Immigration Appeals (BIA).
Generally, an appeal from an immigration judge’s decision must be received by the BIA within 30 calendar days of the decision. The appropriate filing requirements and deadlines depend on the decision and circumstances.
Not every immigration decision follows the same appeal procedure, so anyone considering an appeal should promptly determine which rules apply to their case.
What Happens if I Miss My Immigration Court Hearing?
Failing to appear for a scheduled immigration court hearing can have serious consequences. Under certain circumstances, an immigration judge may issue an in absentia removal order, meaning the order is entered while the person is absent.
A person who has received an in absentia order may have options to seek reopening in certain circumstances, including situations involving lack of proper notice or qualifying exceptional circumstances.
If you miss a hearing or discover that an in absentia order has already been issued, speak with an immigration attorney promptly rather than assuming that nothing can be done.
Can I Obtain Permanent Residence Through a Defense Against Removal?
Some individuals in removal proceedings may qualify for immigration relief that can ultimately result in lawful permanent residence.
One potential form of relief is cancellation of removal for certain nonpermanent residents. Eligibility generally includes requirements concerning continuous physical presence in the United States, good moral character, the absence of certain disqualifying offenses, and demonstrating that removal would result in exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.
Meeting the minimum statutory requirements does not necessarily guarantee that relief will be granted. Cancellation of removal is a complex form of relief, and other defenses or immigration remedies may be available depending on the individual case.
The Importance of Working With an Immigration Attorney
Facing a removal order can be complicated, particularly because immigration cases may involve strict filing deadlines, procedural requirements, and multiple potential forms of relief.
An experienced immigration attorney can review the immigration court record, determine whether an order is final, identify applicable deadlines, evaluate possible appeals or motions, and determine whether the person may qualify for relief from removal.
If this article provided useful information about removal orders in the United States, consider sharing it with friends or family members who may benefit from understanding their options.
If you have received a removal order, missed an immigration court hearing, or need help understanding your immigration case, contact Albizu Law at 512-861-5638 to schedule a consultation. Our immigration team can evaluate your circumstances and help you understand the legal options that may be available.
