How to Stop a Deportation Order in Court
Learn how to stop a deportation order in court: appeals, motions to reopen, stays of removal, and key deadlines. Step-by-step guide for immigrants in the US.
Yes, you can stop a deportation order in court through several legal tools. The most common options are filing an appeal with the Board of Immigration Appeals (BIA) within 30 days, submitting a motion to reopen within 90 days, or requesting a stay of deportation. Acting immediately after receiving the order is critical — deadlines are strict and missing them can eliminate your options.
Quick Answer
A deportation order can be challenged in immigration court or on appeal. You have 30 days to appeal an order of removal to the BIA and 90 days to file a motion to reopen your case based on new evidence or changed circumstances. A stay of deportation can pause enforcement while your case is reviewed. Consult an immigration attorney as soon as possible — Ilya Fishkin, immigration attorney, can assess your specific situation and available legal remedies.
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When These Options Apply
The legal tools below apply to immigrants who have received a formal order of removal from an immigration judge. Depending on your circumstances, one or more of the following may be available:
- BIA Appeal: Available if you believe the immigration judge made a legal or factual error in issuing the order of removal.
- Motion to Reopen: Available if you have new evidence, a change in circumstances, or were not properly notified of your hearing.
- Motion to Reconsider: Available if the judge applied the law incorrectly to the facts of your case.
- Stay of Deportation: A temporary pause on enforcement, which can be requested from ICE or the court while an appeal or motion is pending.
- Cancellation of Removal: Available to certain long-term residents and VAWA-qualified individuals under INA §240A.
- Withholding of Removal: Available if you face persecution or torture in your home country, under INA §241(b)(3) or the Convention Against Torture.
- Voluntary Departure: Allows you to leave voluntarily — the maximum period granted by the court is 120 days — avoiding some long-term immigration bars.
Step-by-Step: How to Fight a Deportation Order in Court
- Hire an immigration attorney immediately. Deadlines begin the day the order is issued. An attorney will identify your strongest legal options before time runs out.
- File a Notice of Appeal with the BIA. Submit Form EOIR-26 within 30 days of the order of removal. This triggers BIA review and may automatically pause deportation enforcement in some cases.
- Request a Stay of Deportation. File Form I-246 with ICE to pause removal while your appeal or motion is pending. Check the current filing fee at uscis.gov before submitting.
- File a Motion to Reopen (if applicable). If you have new evidence or missed your hearing due to lack of proper notice, file within 90 days of the final order. There is no time limit if the motion is based on in absentia removal and lack of notice.
- Pursue Federal Court Review if needed. If the BIA rules against you, you can petition the US Court of Appeals for review of legal questions under INA §242.
- Explore relief options in parallel. While fighting the order, assess eligibility for cancellation of removal, asylum, withholding of removal, or adjustment of status — these can provide an independent path to lawful status.
What the Law Says
US immigration law provides multiple statutory mechanisms to contest a deportation order:
- INA §240(c)(5) — establishes the right to appeal an order of removal to the BIA.
- INA §240(c)(6) — governs motions to reconsider based on errors of law or fact.
- INA §240(c)(7) — governs motions to reopen based on new facts or evidence; the statutory deadline is 90 days from the final order.
- INA §240A — provides for cancellation of removal for certain lawful permanent residents and non-permanent residents.
- INA §241(b)(3) — provides for withholding of removal where an individual faces persecution on protected grounds.
- 8 CFR §1003.6 — governs automatic and discretionary stays of deportation during BIA proceedings.
For official court rules and forms, refer to the US Department of Justice Executive Office for Immigration Review (EOIR).
This material is for informational purposes only and does not constitute legal advice
Frequently Asked Questions
Can I stop deportation after a final order is issued?
Yes. Even after a final order of removal, you can file a motion to reopen within 90 days, appeal to the BIA within 30 days, or request a stay of deportation from ICE using Form I-246. In some cases — such as in absentia orders where you were not properly notified — there is no filing deadline for a motion to reopen.
How long does a stay of deportation last?
A stay of deportation is temporary and lasts only while a related appeal or motion is pending. ICE or the immigration court grants it on a case-by-case basis. It does not permanently stop removal — it pauses enforcement to allow time for legal review. Check the current I-246 filing fee on the official ICE or USCIS website before applying.
What is the difference between cancellation of removal and withholding of removal?
Cancellation of removal (INA §240A) is a form of relief that can result in a green card for eligible long-term residents or VAWA-qualified individuals. Withholding of removal (INA §241(b)(3)) does not grant legal status but prevents the government from sending you to a specific country where you face persecution or torture. Both must be requested before or during immigration court proceedings.
Can I appeal a deportation order without a lawyer?
Legally, yes — immigration proceedings allow self-representation. However, immigration law is highly complex, deadlines are strict, and a missed filing can permanently close your options. An experienced immigration attorney can identify grounds for appeal, file the correct forms on time, and significantly improve your chances of a successful outcome.