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3 strategies to fight a deportation order

On Behalf of | Jul 26, 2022 | Immigration Law

A deportation order seems like a final sentence. However, you can often overturn the ruling and remain in the United States. According to, the U.S. deports immigrants who commit crimes, violate the terms of their visa or create a public safety threat.

Immigrants do not always receive a fair trial or the benefit of the doubt. It is always worth appealing a deportation order because the judge may overlook a detail or misunderstand your situation. There are three typical methods available to overturn a deportation order.

1. Motion to reconsider

If you believe the judge made an error, you can file a Motion to Reconsider. Once you file this motion, the Board of Immigration Appeals (BIA) or court investigates the case. Not every case is open to a Motion to Reconsider, but if the situation in your home country changes or immigration law changes, it is an excellent option to pursue.

2. Motion to reopen

Motions to reopen are helpful if more information comes to light about your case. Sometimes, evidence was not available for the judge to make their decision. Consider this if you find better witnesses or documents that prove you do not deserve deportation.

3. Appeal to Board of Immigration Appeals

If your case feels hopeless, you can still appeal to the BIA. This is the highest court available for deportation appeals. At the very least, it will delay your deportation until further review. Remember, you only have 30 days to file an appeal after the judge decides.

The three methods described above give you legal options to avoid deportation. Do not accept a court decision before attempting to fight for your right to stay in the United States.