How Do I Challenge a Deportation Order That Was Issued To Me?

Getting a deportation order from U.S. immigration officers can be a disastrous event if you are battling to stay in the United States. However, receiving a deportation order does not mean it is the end of the world. Contingent to the particular circumstances in your case, there might be ways to challenge, appeal, or otherwise stay a deportation order. If you have exhausted any possible remedies in your case you should comply with an immigration court order. Should you fail to act in accordance with an order you will face severe consequences. It is in your best interest to contact an immigration attorney if you have any questions.

When a Motion to Reopen Might Work on Your Behalf

In particular situations, you might be able to ask the immigration judge handling your proceedings to reopen your case and review a deportation order. This is done through a Motion to Reopen. This motion consists of a brief or writing to the judge explaining in detail that you believe that your case should be reconsidered, along with any supportive law, or factual evidence that might persuade the court. The immigration courts generally acknowledge two situations where a motion to reopen may be considered, including:

  • A motion to reopen an in absentia decision and
  • A motion to reopen due to change of circumstances

Motion to Reopen an In Absentia Ruling

Once you receive a deportation order in absentia, the court may consider a motion to reopen your case. What is, “in absentia?” In absentia simply means that the immigration court decided without your presence during the proceedings. In this specific situation, you can proceed with making a motion to the court to reopen your case because you did not take part in your proceedings and were unable to challenge the charges of removability against you. However, you must prove to the court that you were unable to attend your original proceedings because of “exceptional circumstances.” Exceptional circumstances are defined by immigration law and regulations as serious events beyond your control. Such examples are:

  • Battery or extreme cruelty to the non-citizen or his or her child or parent
  • Serious illness of the non-citizen
  • Serious illness or death of the spouse, child, or parent of the non-citizen

You may also submit a motion to reopen if you never received a notice of immigration proceedings or if you were in federal or state custody at the time it was issued and you had no control in attending your immigration proceedings.

Motion to Reopen Due to Changed Circumstances Beyond Your Control

After receiving a deportation order, you might find important facts or evidence that were not accessible to your initial proceedings, or you might learn that conditions in your home country have changed in such a way that you have a genuine fear of returning. The immigration courts allow for motions to reopen in both scenarios.

New Factual Evidence

If you have come across new facts or evidence that is relevant to your case that was not available to you or the court during your original proceedings, you can file a motion to reopen presenting such documentation to the court. Note that there is a deadline to provide such information from the date of your deportation order in which to file. Ask an immigration lawyer to help you organize yourself before submitting anything to the court.

Seek Help From an Immigration Attorney

Note that when you receive a deportation order from an immigration court you will need the advice of an immigration attorney as well as help from someone who knows U.S. immigration laws very well. For help on how to challenge a deportation order contact Gambacorta Law Office and our team of attorneys will gladly fight your case until the end of the process.