Deportation Order: What to Do Next

If you receive a deportation order, you have 30 days to appeal to the Board of Immigration Appeals (BIA). You may also file a Motion to Reopen within 90 days, request a Stay of Deportation on Form I-246, or seek Withholding of Removal under INA §241(b)(3). Act immediately — missing deadlines ends most legal options. Confirm current fees at uscis.gov.

What a Deportation Order Means

An order of removal (also called a deportation order) is a formal decision by an immigration judge that you must leave the United States. It is issued during removal proceedings under the Immigration and Nationality Act (INA). Once issued, the order is legally enforceable — but it does not always mean immediate deportation. You retain important rights and time-sensitive legal options.

ICE (U.S. Immigration and Customs Enforcement) is the agency responsible for executing orders of removal. Understanding who is involved and what the order says is the critical first step.

When These Options Apply

• Appeal to the BIA: Available if the immigration judge made a legal or factual error. You must file within 30 days of the order.
• Motion to Reopen: Available if new evidence or changed circumstances exist. Deadline is 90 days from the order date.
• Stay of Deportation (Form I-246): Temporarily halts removal while your case is pending. Check the current filing fee on the official USCIS fee calculator at uscis.gov/feecalculator.
• Withholding of Removal: Available if return to your home country would put you at serious risk of persecution or torture (INA §241(b)(3) and the Convention Against Torture).
• Voluntary Departure: If granted, you may leave on your own within a maximum period of 120 days, which preserves your ability to apply for certain future visas.
• Cancellation of Removal: Available to qualifying lawful permanent residents and certain long-term residents under INA §240A.

Step-by-Step: What to Do After a Deportation Order

1. Hire an immigration attorney immediately. The 30-day appeal window begins the moment the order is issued. Ilya Fishkin, immigration attorney is an experienced professional who can assess your specific case and identify every available legal option.
2. Review the order carefully. Confirm whether it is a standard order of removal, an expedited removal order, or an in absentia order (issued when you failed to appear). Each has different rules for challenging it.
3. File a Notice of Appeal (Form EOIR-26) with the BIA within 30 days if you are appealing. Your attorney must also file a Notice of Appearance.
4. File Form I-246 to request a Stay of Deportation with ICE if removal is imminent and the appeal is not yet resolved. Verify the current fee at uscis.gov/feecalculator before filing.
5. Gather supporting evidence for your claim — documents proving ties to the US, risk of persecution, family relationships, or errors in the original proceedings.
6. Attend all scheduled hearings and comply with reporting requirements. Failing to appear can result in a permanent bar to re-entry and will severely limit future options.

What the Law Says

The legal framework for removal proceedings is established under the Immigration and Nationality Act (INA), primarily §§ 237, 240, 240A, and 241. The right to appeal is governed by 8 CFR § 1003.38, which sets the 30-day filing deadline for appeals to the BIA. Motions to Reopen are governed by 8 CFR § 1003.23, which sets the 90-day deadline. Withholding of Removal is codified at INA §241(b)(3).

For authoritative procedural information, consult the U.S. Department of Justice (DOJ), which oversees the Executive Office for Immigration Review (EOIR) and the BIA.

Every case is fact-specific. The grounds for removal, your immigration history, family ties, and the type of order issued all affect which remedies are available to you. Consulting a qualified immigration attorney is essential before any deadlines pass.

This material is for informational purposes only and does not constitute legal advice.