Let us suppose you are worried that you could get deported either for unlawfully living in the United States or violating immigration laws. In that case, you may be curious whether it is possible to appeal a court-mandated deportation order.
Submitting an Appeal to a Deportation Order
If you are given a notice to appear in an immigration court for an initial removal hearing, you will have enough time to appeal an immigration judge’s decision. It is worth it to try and find legal counsel to significantly increase your chances of remaining in the U.S. A deportation order can be reversed for various reasons and there are multiple strategies you can use to try and change your deportation order.
Appealing a Judge’s Decision on a Deportation Order
When the judge that is handling your deportation case issues you a deportation order, you have 30 days to file an appeal to the Board of Immigration Appeals (BIA). To submit one to the BIA, you should have strong reason to suspect that the judge misinterpreted your case’s facts, resulting in an incorrect verdict. Even if your appeal gets rejected, you can appeal your deportation to the Federal Circuit Courts. You can even request the U.S. Supreme Court as a last resort.
Take into consideration that if you plan to appeal an incorrect decision made on your deportation order, it is important that you hire an expert immigration attorney. Competent lawyers know strategic ways to prove that the presiding judge either misinterpreted the law or came to an unjust conclusion. For instance, let us say the immigration judge handling your case did not consider the facts and evidence that your defense attorney presented during your hearing. In that case, your immigration attorney can help you appeal your deportation order.
Requesting to Reopen Your Immigration Case
You could petition to have the immigration court reopen your case if you or your attorney found new supporting evidence that could persuade the presiding judge to reverse your deportation order. But if this evidence is irrelevant to your case, the court will likely decline your application to have your immigration case reopened.
Before you submit a petition to reopen your case, outline the new facts or evidence that could change the outcome of your initial hearing. It is also a wise idea to include specific laws that could prove that you should not be deported. Attending an immigration hearing can be quite stressful. There may be facts you forgot to include in your initial hearing, which could also help your case.
Anyone wishing to reopen their immigration case should apply for an extension of their deportation hearing. This way, that person will have sufficient time for their case to be reopened and for a new verdict to be reached. To have your deportation date pushed out to a later date, you will need to complete an application form to extend your deportation date. This will allow ample time to defend your case during your second attempt in an immigration court hearing.
Time to Get In Touch With An Immigration Attorney
If you are not a lawful permanent resident of the U.S. you can be forcibly removed from the country if you entered unlawfully. No matter the circumstances for receiving an official deportation order, you will have time to appeal the judge’s decision before your deportation date. If you want to remain in the U.S. it is worth appealing your deportation order, especially if you intend on living long term in the U.S. Contact Gambacorta Law Office today at 847 443 9303 to get the help you need to avoid deportation.