One of the most terrifying experiences an immigrant can face in their life is going up against a deportation order. Fortunately, if this is the case with you or your loved one, you likely have various legal options available to fight back. By understanding how to appeal a deportation order in California, you can defend the future, well-being, and rights of you or your loved one to stay in this place that is your home.
Understanding the Deportation Appeal Process
If you’ve had an immigration judge deny your claim to asylum or issue a removal order against you, you have the option of appealing to the Board of Immigration Appeals (BIA). It’s important to note, however, that this process must be done as soon as possible. Within 30 days of receiving the decision from the judge, you should file a Notice of Appeal (Form EOIR-26).
After you have filed your appeal and it has been received on time, the deportation order against you cannot be finalized. Therefore, while your BIA appeal is pending, you cannot be deported.
Step-by-Step: Appealing a Deportation Order
Appealing a deportation order can be a complex and overwhelming process, but a dedicated immigration lawyer can guide you through each step. The process of filing an appeal generally includes:
Filing Form EOIR-26
This form is the official Notice of Appeal that must be submitted to the Board of Immigration Appeals (BIA), along with a $110 filing fee. If you cannot afford the fee, you should submit a Fee Waiver Request (Form EOIR-26A). While it is recommended that you have an attorney help you submit this form, it is not required by law to have assistance from a legal representative.
On Page 3 of the EOIR-26 form, be sure to list “ICE-OPLA” as the opposing party, and use this table to find the correct ICE address.
Verifying the Receipt of Your Appeal
To verify that your appeal has been received, you can visit the EOIR case status website or call the agency. When calling, you can enter your A number and press the number 1 to listen to what date your appeal was received.
As your appeal process is ongoing, it is crucial to make sure your address stays updated. If you move to another residence, you should submit Form EOIR-33/BIA. This can keep you from missing any crucial deadlines or notices from the BIA.
Preparing Written Arguments
After having your appeal accepted, you will receive a transcript of your case from the BIA. You should use this documentation to make a detailed written brief that fully explains how and why the judge made legal errors. To more comprehensively prepare your brief, you can work with an experienced immigration attorney.
What Happens If the BIA Denies Your Appeal?
Even if the Board of Immigration Appeals rules against your case, you still have options. This time, you can appeal to a federal court. This must be done within 30 days of your denial from the BIA. Another option is to request a stay of removal, which is not granted automatically.
As appealing to a federal court or requesting a stay is legally intricate, it is highly recommended that you enlist the services of an experienced immigration attorney.
What to Do If You Missed Your Hearing
If you have missed your immigration court hearing, you are likely facing an automatic deportation order. Fortunately, you may still have options available, such as filing a motion to reopen your case. You can check on your case status either by phone or online. If the system is showing a removal order against you, you could file a motion to reopen. For optimal chances of success, the motion should be filed within six months of the date you missed your hearing.
Deportation Appeals: Why It Matters
As of 2022, the U.S. employed over 30 million immigrants, who make up 18% of the nation’s workforce. They are also projected to increase the labor market by 18 million, thereby boosting the country’s economic activity and tax revenue.
This highlights the importance of fighting unjust deportation orders, not just from an empathy- and human-based standpoint, but also from a practical recognition of the contributions that immigrants bring to the community and economy.
FAQs
Q: What If I Have a Deportation Order but Attended All My Hearings?
A: If you’ve attended every court date but still have a deportation order, you might have an option to reopen your case. Legal grounds for doing so could include changes in the conditions in your home country, violations of due process, or the emergence of new evidence. It’s crucial to work with an experienced immigration attorney to determine whether your case is valid for a motion to reopen or reconsider.
Q: What Is the Deadline to Appeal a Deportation Order?
A: The deadline to appeal a deportation order is 30 days after the decision was made by the immigration judge. You can initiate the appeal by filing Form EOIR-26 and submitting the appropriate filing fees. A skilled attorney can explain what the crucial deadlines are for your case so you don’t lose the right to appeal.
Q: Can I Be Deported While My Appeal Is Pending?
A: No, if you have filed your appeal on time and your case is pending, it is illegal for you to be deported until a final decision is made. If you have submitted a claim to the BIA and fear for your right to stay in the country, it’s crucial to work with an empathetic and knowledgeable immigration lawyer who can assert your rights.
Q: Do I Need a Lawyer to File an Appeal?
A: Although it is not required by law to have an attorney when filing an appeal, working with experienced legal representation can significantly increase your chances of winning your case. They can make sure your claim is submitted completely, accurately, and on time. They can also help you draft strong, evidence-backed briefs to highlight the legal validity of your claims.
Don’t Wait to Take Action – Contact an Immigration Attorney Today
The fiercely dedicated immigration legal team at U.S. Law Center has decades of combined experience in successfully representing immigrants. Whether you need to reopen your case, are filing a first-time appeal, or are thinking about appealing to a federal court, we can guide and represent you. Contact us today to learn how we can start fighting for your rights.
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