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Deportation can separate families, disrupt work and education, and close the door on future opportunities in the United States. Receiving a final order of removal is frightening, but it does not always mean your case is over. There are still important legal steps that may help delay, challenge, or reopen your case. However, it is advised to contact an experienced immigration lawyer right away so you can explore your options available to give you the best possible chance at a future in the U.S.
Steps to takes After a Final Order of Removal
A Final Order of Removal is the formal decision by the U.S. government that a noncitizen must leave the country. After receiving a Final Order of Removal, it is critical to carefully evaluate your options and take prompt legal action. Understanding the available remedies can help you potentially delay deportation and seek a path to remain in the United States. Immediate steps often include consulting an immigration attorney, reviewing your case for errors, omissions, or overlooked defenses, and determining whether other forms of relief are available.
Options Available After Receiving Final Removal Order
Once a final removal order has been issued, there are legal options available to pause, challenge, or potentially reverse the decision. These options include filing an appeal, requesting a stay of removal, submitting a motion to reopen, seeking asylum, or pursuing voluntary departure and post-removal relief. Acting quickly is essential because deadlines for filing are strict, and failure to respond can result in immediate enforcement of the removal order.
Appeal to the Board of Immigration Appeals
One option after a final order is to file an appeal with the Board of Immigration Appeals within 30 days of the final order. Filing an appeal temporarily halts removal while the BIA reviews the case, giving the individual time to seek additional legal remedies.
Stay of Removal
A stay of removal is a temporary pause in deportation, providing time to pursue legal action or relief. Without a stay, ICE can conduct the removal immediately after the final order. As deportation happens quickly, it is crucial to seek legal assistance promptly to request a stay.
Motion to Reopen
A motion to reopen allows an individual to ask the immigration court to reconsider their case. If the final order was issued in absentia, a motion to reopen can be filed if the absence was due to exceptional circumstances, such as lack of notice, incarceration, or urgent personal matters. These motions must be filed within 180 days of the order, but if the case was missed due to lack of notice or incarceration, it may be filed at any time. In other situations, a motion to reopen can be filed for cases in which the individual did appear in court. Typically, this motion must be submitted within 90 days of the final removal order.
Asylum
Asylum is a legal protection for individuals who fear persecution in their home country, allowing them to stay in the U.S. Applications must be filed within one year of arrival, with limited exceptions. However, even after a final removal order, it may be possible to apply for asylum if conditions in the individual’s home country have changed, creating new risks of persecution.
Voluntary Departure and Post-Removal Relief
In some cases, a judge may allow voluntary departure, allowing the individual to leave the U.S. on their own within a certain timeframe. This can make it easier to lawfully return in the future compared to forced removal, which can come with lengthy bars to reentry. After voluntary departure, individuals may still pursue options like reopening their case, applying for asylum, or requesting waivers to reenter legally.
Navigating options after a final removal order is complex, and strict deadlines apply to each form of relief. Consulting a qualified immigration attorney immediately is crucial to protect your rights and explore every possible legal option to challenge or delay removal.
Contact Cruz Torres Legal Services for Removal Defense Help
At CoxEsq, PC, we understand how overwhelming it can feel when facing a final order of removal, and we can provide you with legal strategies to help protect you and your family. Whether it is filing an appeal, requesting a stay of removal, or submitting a motion to reopen, acting quickly is crucial to preserve your rights. Contact us today to schedule a consultation where we can evaluate your options, safeguard your future in the United States, and ensure the best possible outcome for you and your family.