Facing Deportation? Contact Our Immigration Appeals Attorney Today

Last year Immigration and Customs Enforcement (ICE) deported 185,884 people. Many of them were at a disadvantage without an opportunity to appeal during the pandemic. During such unprecedented times it’s important to understand what could get you deported from the U.S. and why you need an appeals lawyer before your hearing.

What Is a Deportation Order?

A deportation order, commonly known as a removal order, is issued by an Immigration Judge (IJ) after reviewing your case. During an Individual Hearing they will check your immigration status and rule whether you are removable under U.S. law based on your case. If you’re uncertain, here is a general overview of what can get you deported and risk your chance at citizenship:

• Living in the U.S. illegally
• Failing to renew your visa
• Working without the proper documents
• Living in the U.S. after being denied asylum
• Smuggling undocumented persons, including family members
• Criminal activities involving illegal drugs, sex, or weapons
• Failing to appear to serve a sentence for your crime
• Fraudulent activity

How You End Up in Immigration Court

Violating any immigration law can get you arrested by ICE and begin the process of your Master Calendar hearing. The law enforcement agency will refer your case to the Department of Homeland Security (DHS) to determine if and when removal proceedings should be initiated. It is important to note:

• If you’ve lived in the U.S. for over two years, you’re entitled to a hearing.
• Other immigrants may be subjected to an expedited removal without rights to a lawyer or the chance to appeal their case.

A “Notice to Appear” will be issued detailing when you will arrive at court and the charges against you.

Can A Deportation Order Be Appealed?

Once you’ve gone through one or more hearings, you’ll stand before an IJ. At this point, your immigration attorney completed their line of questioning to clarify your actions and change the narrative of your case.

After reviewing witness statements, considering your account, and hearing from the DHS, the IJ will verbally rule whether your stay should be granted.

It’s not uncommon for clients to want to appeal the IJ’s decision. There are three ways to reverse a deportation or removal order.

Motion To Reopen Before Immigration Court: An opportunity to appeal based on new evidence that was not available during the time of your hearing. At our law offices of immigration we specialize in helping immigrants reopen their unique cases.

Motion to Reconsider Before Immigration Court: An attorney would demonstrate that the IJ made a mistake or error in law. These types of motions are only granted if they will change the status of the deportation order.

Appeals To the Board of Immigration Appeals (BIA): If the IJ states you should be deported, we can take your case to a higher court – BIA. If applicable, you’ll be granted an extended stay while they review your case. It typically takes approximately 180 days for them to decide.

You Have 30 Days to File a Notice

You will have 30 days to provide a written appeal to the BIA. A deportation appeals attorney would strongly advise you not to give up your right to petition if you’re unsatisfied with the results. We understand it might be disheartening, but many cases are won the second time around with new evidence.

The DHS can also reserve the right if they did not get the results they wanted from an IJ during your trial. However, if both parties agree with the ruling, the decision would become final after the hearing.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.