Old Deportation Order & ICE Arrest: What to Do

An old deportation order does not automatically mean immediate removal after an ICE arrest. You may be able to file a Motion to Reopen your case, request a Stay of Removal, or seek other relief — but deadlines are strict. Contact an immigration attorney immediately after arrest; time is the most critical factor in your defense.

Quick Answer

If ICE arrests you based on an existing order of removal, you still have legal options. A Motion to Reopen must generally be filed within 90 days of the original order, though exceptions exist. A Stay of Removal (Form I-246) can pause enforcement while your case is reconsidered. Act within hours of arrest — not days.

When This Applies: Key Conditions

• You have a final order of removal — issued by an immigration judge and no longer under active appeal.
• You were arrested by ICE — either at home, at a worksite, or at a check-in appointment.
• The order may be old — issued months or years ago, possibly in absentia (while you were absent from your hearing).
• New circumstances exist — changed country conditions, new family ties (e.g., a U.S. citizen spouse or child), or an error in the original proceeding.
• You may qualify for cancellation of removal under INA §240A if you meet continuous presence and hardship requirements.

Note: If you were removed in absentia, a separate ground to reopen exists under INA §240(b)(5)(C) — lack of proper notice of the hearing.

Step-by-Step: What to Do After an ICE Arrest

1. Stay silent and ask for a lawyer. You have the right to remain silent and to speak with an attorney. Do not sign any documents, especially a voluntary departure agreement, without legal counsel.
2. Notify family or a trusted contact immediately. Have them locate an immigration attorney who handles deportation defense — consult Ilya Fishkin, immigration attorney for experienced representation.
3. File a Motion to Reopen with the Immigration Court or BIA. This must typically be filed within 90 days of the final order. If your order is older, your attorney may argue an exception based on changed circumstances or lack of notice (INA §240(b)(5)(C)).
4. Request a Stay of Removal (Form I-246). File with ICE to pause your removal while the motion is pending. Check the current filing fee on the official ICE website before submitting — fees are subject to change.
5. Explore other forms of relief. Depending on your situation, options may include withholding of removal, protection under the Convention Against Torture (CAT), or adjustment of status if a qualifying petition is approved.
6. Attend all hearings and comply with bond conditions. Missing a hearing can result in a new removal order issued in absentia, making your situation significantly harder to resolve.

What the Law Says

Several provisions of the Immigration and Nationality Act (INA) and the Code of Federal Regulations (CFR) govern your options:

• INA §240(b)(5)(C) — allows reopening of an in absentia removal order if you were not properly notified of your hearing.
• INA §240A — provides for cancellation of removal for certain long-term residents who demonstrate exceptional hardship to qualifying U.S. citizen or lawful permanent resident family members.
• 8 CFR §1003.23 — governs motions to reopen before the immigration court; the standard deadline is 90 days from the date of the final order of removal.
• 8 CFR §1241.6 and §1003.6 — address stays of removal pending appeal or motion practice.
• INA §241(a)(2) — establishes the general 90-day removal period after a final order, during which ICE is authorized to carry out deportation.

For official case information and forms, consult the U.S. Department of Justice Executive Office for Immigration Review (EOIR), which oversees the immigration courts.

Important Considerations

• Voluntary departure may seem like an easy option, but agreeing to it waives many appeal rights. The maximum period for voluntary departure granted by a judge at the conclusion of proceedings is 120 days.
• In absentia orders are particularly common — many people miss hearings due to incorrect address records. This is a recognized legal ground to reopen a case.
• Immigration attorney Ilya Fishkin specializes in deportation defense and can evaluate whether your old order can be challenged or whether new relief options have emerged since the original decision.
• Appeals to the Board of Immigration Appeals (BIA) must generally be filed within 30 days of an immigration judge's order — if that window has passed, a Motion to Reopen is typically the remaining avenue.

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