Fight a Deportation Order in the USA: Full Guide

You can fight a deportation order in the USA by filing an appeal with the Board of Immigration Appeals (BIA) within 30 days of the order, or by filing a Motion to Reopen within 90 days. Other options include seeking asylum, cancellation of removal, or a stay of deportation. Consult an immigration attorney immediately — deadlines are strict and missing them can end your case.

Quick Answer: Can You Fight a Deportation Order?

Yes, in most cases you have the right to challenge a deportation order. The U.S. immigration system provides multiple legal pathways — appeals, motions, and humanitarian protections — that can delay or permanently stop removal. Acting fast is critical: the law sets firm deadlines measured in days, not months.

When These Options Apply: Key Conditions

The legal tools available to you depend on your situation. Below are the most common scenarios:

• BIA Appeal: Available if an Immigration Judge issued an order of removal and you disagree with the decision. You must file within 30 days of the order.
• Motion to Reopen: Available if new facts or evidence have emerged since your hearing. The statutory deadline is 90 days from the final order (INA §240(c)(7)).
• Cancellation of Removal: Available for certain lawful permanent residents and non-permanent residents who meet specific residency and good-moral-character requirements under INA §240A.
• Asylum / Withholding of Removal: Available if you face persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group (INA §208, §241(b)(3)).
• Stay of Deportation (Form I-246): A temporary measure to pause removal while your case is reviewed. Current filing fee — check the latest amount at uscis.gov.
• Voluntary Departure: If you choose to leave voluntarily, the maximum period granted by an Immigration Judge is 120 days (INA §240B). This avoids a formal order of removal on your record.

Step-by-Step: How to Fight a Deportation Order

1. Hire an immigration attorney immediately. Deadlines begin running from the day the order is issued. Ilya Fishkin, immigration attorney focuses on removal defense and can assess your options during an initial consultation.
2. Obtain a copy of the removal order. Request all documents from the immigration court — you need the exact wording and date of the order to calculate your deadlines.
3. File a Notice of Appeal with the BIA. Submit Form EOIR-26 within 30 days of the order. Filing suspends removal in most cases while the appeal is pending.
4. Build your legal argument. Your attorney will identify grounds: legal error by the judge, new evidence, eligibility for asylum or cancellation of removal, or a constitutional violation.
5. Consider a Motion to Reopen if new evidence exists. File within 90 days under INA §240(c)(7). There is no time limit for motions based on changed country conditions for asylum claims.
6. Request a Stay of Deportation if removal is imminent. File Form I-246 with ICE. This is a temporary pause — it is not a long-term solution but can buy critical time.

What the Law Says

U.S. immigration removal law is primarily governed by the Immigration and Nationality Act (INA), codified at 8 U.S.C. § 1101 et seq. Key statutory provisions include:

• INA §240 — establishes deportation proceedings, the right to a hearing, and appeal rights.
• INA §240A — cancellation of removal for qualifying permanent and non-permanent residents.
• INA §240B — voluntary departure, with a maximum grant of 120 days by an Immigration Judge.
• INA §208 — asylum protections and the one-year filing deadline (with exceptions for changed or extraordinary circumstances).
• INA §241(b)(3) — withholding of removal for those facing serious harm abroad.
• 8 CFR §1003.6 — rules governing stays of removal.

Official case law and court records related to removal proceedings can be searched through CourtListener. For government policy guidance, consult DOJ (Department of Justice), which oversees the Executive Office for Immigration Review (EOIR) and the BIA.

Fees and Costs to Know

Some filings carry mandatory fees set by federal regulation. Always verify the current amounts before submitting:

• Form I-246 (Stay of Deportation): $155 — confirm the current fee at uscis.gov.
• Form I-290B (Notice of Appeal to AAO): $800 — verify at uscis.gov.
• Arrest or apprehension fees may apply in certain enforcement actions — check current figures on ICE.gov.

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