How to Appeal Deportation Orders

The Trump administration’s increased efforts to enforce new immigration policies has resulted in thousands of people being detained for various violations pertaining to immigration and border security. Because of the high number of immigrants being detained by ICE across the nation, it is important for undocumented individuals to become familiar with their rights so that they know what to do if they are ever arrested or detained by immigration enforcement agents. In this blog, we explain what you can do to appeal deportation orders.

What Is a Deportation Oder?  

An order for deportation can be issued to a foreign-born person whenever immigration authorities deem it necessary. There are a number of reasons a person can be deported, including:

  • Expired green card or visa
  • Committing a crime that requires them to be sent back to their country of origin
  • Illegally entering the United States
  • Presenting fraudulent immigration documents

In most cases, the person facing deportation appears at a hearing for the removal order. During this hearing, an immigration judge will determine if removal is an appropriate option to remedy the situation.

Is it Possible to Appeal a Deportation Order?

Whether you can appeal a deportation order depends on the particular circumstances of your case. However, not every case is eligible for an appeal, it all depends on the grounds for removal. For example, if the removal order was issued because the person committed a crime, an appeal might only be allowed for the purpose of convincing the judge that the person is innocent. If the person has already been convicted for the crime they are accused of, or if they have an extensive criminal record, an appeal might not be available.

Waiver of Removal

A waiver of removal essentially asks the government to forgive a person for being illegally present in the United States. Waiver of removal is typically available when a person is being removed for non-criminal reasons.

What About Voluntary Departure? 

While voluntary departure doesn’t necessarily prevent a person from being deported, it can be beneficial if the person tries to enter the country at a later time. Under voluntary departure, the person makes an agreement to leave the U.S. before they are legally required to.

Hire an Experienced Lawyer

Appealing deportation is complicated, especially in the times we are now living in. If you have been given deportation orders, you need the help of an experienced immigration lawyer to build a legal strategy to keep you in the country. Our team of lawyers have more than 50 years of combined legal experience and we are capable of fighting for your rights.

Contact our team of Cleveland deportation lawyers to talk about your case today.