If you're facing a removal order, you may wondering what your options
are to appeal the decision. In the United States,
most aliens can
appeal their deportation or removal order within 30 days of the decision. In the case that your removal order is upheld, there
may still be options available to further appeal the order.
First Step: Challenge Your Removal
Before filing an appeal with the Board of Immigration, you can first dispute
the grounds of the
removal or deportation order with U.S. Citizenship and Immigration Services (USCIS). This is
most effective in cases where the deportation is caused by expired documentation.
If you're being deported due to a
criminal charge, your only option may be to argue your innocence. If you've already
been convicted, this will likely not be possible unless you pled guilty.
If you did plead guilty, you will need to prove that you did so solely
because you were afraid of being convicted of a more serious charge in trial.
Initial Appeal: Board of Immigration Appeals (BIA)
From the date that USCIS makes their final decision, you will have just
30 days to file an appeal of the decision with the Board of Immigration
Appeals. Even if you believe you have strong grounds for an appeal, it's
vital to contact an experienced immigration attorney who can help you
craft an effective case.
If you and your attorney do not believe you have sufficient grounds to
appeal the decision, it may be best to apply for a voluntary departure.
This will allow you to leave the United States legally and of your own
volition, which will prevent damaging removal orders from remaining on
your immigration record. Having a deportation or order of removal on your
record can make it far more difficult to return to the U.S. in the future.
Final Appeal: U.S. Court of Appeals
If the Board of Immigration Appeals rejects your request, your options
are very limited. In some cases, however, you can still escalate the case
to the U.S. Court of Appeals. This is not an option in most situations,
so it's crucial to contact an immigration attorney to discuss the
specifics of your case.
Call our Philadelphia immigration attorney at (215) 649-7535 to request a consultation.