Can a Deportation Order Be Removed?

In some cases, you can get a deportation order removed, but it all depends on how it was issued, how much time has passed, and whether the person is eligible for any form of immigration relief.

We understand how frightening it can be to receive a deportation order. However, the most important thing is not to remain inactive, since nearly every option for challenging an order has strict deadlines and every day counts. 

At Curbelo Law, we guide families through these difficult moments. Call us today to review your situation. In these cases, taking action within the applicable deadline can make a decisive difference.

Can You Really Get a Deportation Order Removed in the United States?

Depending on the circumstances, it may be possible to challenge a deportation order. However, it is important to be realistic because no one can guarantee a favorable outcome. Even so, receiving one of these orders does not always mean the end of your options in the U.S.

With that in mind, there are legal tools available to review your order, reopen your case, or stop the deportation while you pursue a form of immigration relief.

Who Has the Authority to Vacate a Deportation Order?

There is no single authority responsible for this process. Depending on the stage of your case, the following may become involved:

• An immigration judge, if a motion to reopen or reconsider is filed.
• The Board of Immigration Appeals (BIA), which may uphold the decision, reverse it, or send the case back to the judge for further review.
• Federal courts of appeals, which in certain cases may review the order after administrative appeals have been exhausted.

Immigration authorities may also become involved when new evidence emerges or you become eligible for immigration relief. In these situations, the authorities may agree to reopen or dismiss the case.

What Determines Whether a Deportation Order Can Be Vacated?

How difficult it is to get a deportation order removed depends on several factors:

• Whether the deadlines to appeal or file a motion are still open.
• The strength of your legal arguments.
• Whether you have new and relevant evidence.
• Recent changes in immigration law.
• Your immigration and criminal history.

Before taking any action, confirm your actual situation. If you are unsure, find out whether you have a deportation order and what stage your case is in, because this determines which options may still be available.

What Is a Deportation Order and Why Is It Issued?

A deportation order, also known as a removal order, is a legal decision requiring a noncitizen to leave the United States. 

This order may be issued by an immigration judge at the conclusion of immigration court proceedings or, in certain proceedings, by immigration authorities.

Understanding why your order was issued is important because the reason can affect the defenses available to you. With that said, some of the most common reasons a person may receive one include:

• Entering the country without authorization.
• Remaining in the United States beyond the period authorized by a visa.
• Violating the conditions of a visa.
• Certain criminal convictions.
• Fraud or false information in immigration applications.

A deportation order is a serious matter, but receiving one does not always mean that the case is over. Depending on how it was issued and how much time has passed, some legal options may still be available.

What Is an Expedited Removal Order?

In certain cases, immigration authorities may issue an expedited removal order without the person having a hearing before an immigration judge. This commonly occurs in cases involving entry or admission into the country.

Unlike orders issued by an immigration judge, the options for challenging expedited removal are very limited. 

However, if the person expresses a fear of persecution or torture in their home country, they may be referred for a credible fear screening. 

How Can You Get a Deportation Order Removed and What Legal Options Are Available?

When people ask how to get a deportation order removed, they are actually asking about several different legal tools. 

Not every option applies to every case. The right one depends on the stage of your case, the applicable deadlines, and the specific facts of your situation. These are the main options.

Through an Appeal to the BIA

One of the most common ways to get a deportation order removed is through an appeal. An appeal asks a higher authority to review the judge’s decision and determine whether legal errors were made. The process generally follows these steps:

1. File the notice of appeal within the required deadline, which is generally 30 days from the judge’s decision.
2. Present the legal arguments. In other words, explain why the decision was incorrect.
3. Wait for the BIA’s review. The Board examines the record and decides whether to uphold or reverse the judge’s ruling.
4. If the BIA issues an unfavorable decision, a petition for review may be filed with a federal court of appeals in certain cases. This process has strict requirements and deadlines, and not every decision is subject to judicial review.

The 30-day deadline is strict. Missing it can close off this option. If your case has already received an unfavorable decision, it may be helpful to review how to appeal an immigration decision.

When an appeal is filed on time and the person has not waived the right to appeal, the deportation order is generally stayed while the BIA reviews the case.

Through a Motion to Reopen the Case

Even after a deportation order becomes final, it may sometimes still be possible to reopen the case by filing a motion to reopen. This motion asks the immigration court to review the case again because new facts or evidence have become available.

Some circumstances that may justify reopening a case include:

• Newly discovered evidence that was not previously available.
• Changes in immigration law that now make you eligible for relief.
• Evidence that you did not receive proper notice of your hearing.
• Ineffective assistance of counsel by a previous representative.
• Eligibility for a new immigration benefit that was not previously available.

If the court grants the motion, the order may be reconsidered and the case may be reopened. When there are new facts or procedural errors, reopening a closed immigration case may be the right option to explore.

The rules governing this process are explained in the EOIR guide on motions to reopen. Keep in mind that these motions generally must be filed within 90 days of the final order.

Through a Motion to Reconsider

A motion to reconsider is another legal tool, and it is different from a motion to reopen. While a motion to reopen is based on new facts or evidence, a motion to reconsider argues that the judge made an error of law or fact when issuing the decision.

This motion generally focuses on issues such as:

• Incorrect interpretation of immigration law.
• Improper application of legal standards.
• Errors in evaluating the evidence presented during the hearing.

If the judge or the BIA determines that an error occurred, the deportation order may be reversed or modified.

By Qualifying for Relief From Deportation

The goal is not always to prove that the order was incorrect. In some cases, a person may qualify for immigration relief that allows them to remain legally in the United States.

Depending on the circumstances, the available options may include:

• Political asylum.
• Stay of deportation.
• Protection under the Convention Against Torture.
• Cancellation of removal.
• Adjustment of status.

Each form of relief has its own requirements, and certain criminal convictions or immigration violations may limit eligibility. To better understand one of these options, review this ICE guide on cancellation of removal.

Through Prosecutorial Discretion

In certain cases, government immigration attorneys may exercise prosecutorial discretion when deciding how to handle removal proceedings. For example, they may agree to, or choose not to oppose, a joint motion to reopen or dismiss a case.

Depending on the circumstances and current policies, this discretion may also include:

• Deferred action.
• A temporary pause in certain enforcement actions.

However, it is important to understand its limitations:

• It is not a legal right.
• It does not automatically eliminate a deportation order.
• It does not by itself grant lawful immigration status.

Each request is reviewed individually, and immigration authorities are not required to approve it.

What Other Alternatives Are Available When Facing a Deportation Order?

Not every available option eliminates or reopens a deportation order. Depending on the stage and circumstances of the case, some options may reduce its consequences, make a future lawful return easier, or challenge detention.

Below are three possible alternatives if you are facing deportation: 

Apply for I-212 Permission to Reapply for Admission

In certain cases, a person who was deported from the United States may file Form I-212 to request permission to reapply for admission to the country.

However, this permission does not eliminate or reopen the deportation order. It may instead be necessary when another legal pathway exists for returning to the U.S. If you would like to explore these issues further, review the different immigration waivers discussed on our blog.

Request Voluntary Departure

Technically, voluntary departure does not eliminate a deportation order, but it may be a useful alternative in certain situations. 

Voluntary departure allows a person to leave the United States on their own within the period granted, which may be up to 120 days.

Although the person must leave the country, this option may help avoid some of the consequences associated with a formal deportation order and preserve the possibility of applying for a visa to return legally in the future.

File a Petition for Habeas Corpus

A detained person who believes their detention is unlawful may seek a habeas corpus petition for immigration detention so that a federal court can review whether the government has the authority to continue holding them in custody.

Habeas corpus generally challenges the legality or duration of detention. It does not replace an appeal of the deportation order. 

Depending on the circumstances and the jurisdiction, the court may order a new detention review or another remedy related to custody. 

What Happens if a Deportation Order in the United States Was Issued in Your Absence?

If you do not appear for your hearing, the judge may proceed without you and issue an order in your absence.

This means you may be ordered deported without the judge hearing your side of the case or considering your defenses.

The good news is that this is one of the situations in which reopening a case may be more feasible. If the court grants the motion, the order may be rescinded. To do so, you must show a valid reason, such as:

You Missed the Hearing Because of Exceptional Circumstances

This may include serious circumstances beyond your control, such as a severe illness or the death of your spouse, child, or parent. 

Keep in mind that judges generally do not accept minor reasons. For example, claiming that traffic was unusually heavy may not be enough.

You Never Received Notice of the Hearing

If the hearing notice never reached you, it may have been sent to the wrong address. 

For that reason, it is important to determine when the notice was sent and to which address. If you had moved before the hearing date, look for evidence showing where you were living at the time, such as utility bills in your name.

What Happens if a Deportation Order Is Vacated?

It is important to clarify something that often causes confusion: having an order vacated rarely means receiving lawful immigration status immediately. In most cases, the case is reopened so the person can continue pursuing their legal options.

Possible outcomes include:

• The case returns to immigration court for additional hearings.
• You are allowed to apply for immigration relief.
• Removal proceedings are terminated.
• A visa, Green Card, or another immigration status is approved if you are eligible.

In other words, getting the order removed is often the beginning of a new stage, not the end of the process.

What Can Stop a Deportation Order?

A stay of removal can temporarily stop enforcement of the order while other legal options are being resolved. A timely filed appeal may also stay the order while the BIA reviews the case.

Frequently Asked Questions About Getting a Deportation Order Removed in the United States

Who Can Vacate a Deportation Order?

An immigration judge, the Board of Immigration Appeals (BIA), or a federal court of appeals may have authority depending on the stage of the case. 

Is It Possible to Have a Deportation Order Removed?

Yes, depending on how the order was issued and how much time has passed. Possible options include an appeal, a motion to reopen, a motion to reconsider, or an application for immigration relief. 

How Can You Get a Deportation Order Removed?

You must use the appropriate legal procedure for your situation. The most common options include appealing to the BIA, filing a motion to reopen, or requesting reconsideration if the judge made an error.

How Much Does It Cost to Get a Deportation Order Removed?

There is no fixed cost because it depends on the stage of the case, the legal procedure involved, and your history. You can review the factors that affect legal fees in our guide on how much an immigration lawyer costs.

How Long Does It Take to Get a Deportation Order Removed?

There is no single timeframe. An appeal before the BIA may take months, while the time required for a motion depends on the court’s caseload and the complexity of the case.

Why Contact Curbelo Law if I Received a Deportation Order in the United States?

The first step is to understand exactly what happened in your case and which options may still be available. 

Although an attorney cannot get a deportation order removed simply by making the decision themselves or guarantee a particular outcome, they can identify the appropriate legal strategy and file the necessary request. 

With more than 10 years of experience handling immigration matters, Curbelo Law reviews the order, applicable deadlines, notices, and your history to identify the most appropriate path forward.

Depending on the circumstances, it may be possible to appeal, reopen the case, or apply for immigration relief. Acting on time is critical. Call us today.