Order of Removal Received: What to Do Next

Receiving an order of removal does not mean you must leave the US immediately. You have 30 days to file an appeal with the Board of Immigration Appeals (BIA), and in some cases you can file a Motion to Reopen within 90 days. Act fast: consult an immigration attorney the same day you receive the order. Check current procedures at the official DOJ website.

What Is an Order of Removal?

An order of removal is a formal decision issued by an immigration judge directing a non-citizen to leave the United States. It is entered at the conclusion of deportation proceedings (removal proceedings) and triggers strict legal deadlines. The order can be issued in absentia — meaning even if you were not present at the hearing — which makes it critical to stay informed of all court dates.

Immigration attorney Ilya Fishkin, immigration attorney has handled numerous cases involving orders of removal and can assess your specific options.

Conditions and Eligibility for Relief

Depending on your circumstances, several forms of relief may be available after receiving an order of removal:

Appeal to the BIA: Available within 30 days of the order. You must file a Notice of Appeal (Form EOIR-26).
Motion to Reopen: Must be filed within 90 days of the final order. Grounds include new evidence or changed circumstances.
Motion to Reconsider: Must allege legal or factual error in the original decision.
Withholding of removal: Available if you face persecution or torture in your home country (INA § 241(b)(3)).
Cancellation of removal: Available to certain long-term residents and VAWA self-petitioners under INA § 240A.
Voluntary departure: In some cases, the court may grant up to 120 days to leave voluntarily, preserving future immigration options.
Stay of deportation (Form I-246): An emergency request filed with ICE to temporarily halt deportation while your case is pending. Check current filing fees on uscis.gov.

Step-by-Step: What to Do After Receiving an Order of Removal

Contact an immigration attorney immediately. Deadlines start running from the date of the order. Do not wait. Find qualified counsel such as Ilya Fishkin, immigration attorney.
Gather all case documents. Collect your Notice to Appear (NTA), court hearing notices, and the written order of removal from the immigration judge.
Determine your deadline. You have 30 days to appeal to the BIA or 90 days to file a Motion to Reopen. If the order was issued in absentia, special rules may apply.
File a Notice of Appeal or Motion. Your attorney will prepare Form EOIR-26 (BIA appeal) or a Motion to Reopen with supporting evidence and legal arguments.
Request a Stay of Deportation if needed. If ICE has already scheduled your removal, your attorney can file Form I-246 with ICE to request an emergency stay while the appeal is pending.
Attend all hearings and comply with court orders. Failure to appear or non-compliance can result in loss of all remaining relief options.

What the Law Says

Orders of removal are governed primarily by the Immigration and Nationality Act (INA). Key provisions include:

INA § 240 — governs removal proceedings and the immigration judge's authority.
INA § 240A — provides for cancellation of removal for certain permanent and non-permanent residents.
INA § 241(b)(3) — establishes withholding of removal protections for individuals facing persecution.
8 CFR § 1003.3 — sets the 30-day deadline for filing a Notice of Appeal with the BIA.
8 CFR § 1003.23 — governs Motions to Reopen, including the 90-day filing deadline.

For official guidance and current forms, visit the U.S. Department of Justice or ICE.

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

Frequently Asked Questions

Can I stay in the US while appealing an order of removal?

Yes, filing a timely appeal with the BIA generally triggers an automatic stay of deportation, meaning ICE cannot remove you while the appeal is pending. However, this automatic stay does not apply in all cases — for example, certain aggravated felony grounds may not trigger it. Your attorney can confirm whether a stay applies in your situation or whether you need to file Form I-246 with ICE separately.

What happens if I miss the 30-day appeal deadline for an order of removal?

Missing the 30-day BIA appeal deadline is serious but not always fatal. You may still file a Motion to Reopen within 90 days based on new evidence, ineffective assistance of counsel, or changed country conditions. In limited circumstances, motions filed after 90 days may be accepted, but this requires a strong legal argument. Consult an immigration attorney immediately if you have missed any deadline.

What is a stay of deportation and how do I apply?

A stay of deportation is a temporary halt to your removal while your case is being reviewed. You can request one by filing Form I-246 directly with ICE. It is typically used as an emergency measure when removal is imminent and no automatic stay is in place. Check the current filing fee on uscis.gov, as fees are subject to change.

Can an order of removal issued in absentia be overturned?

Yes. If you were ordered removed in absentia — because you did not appear at your hearing — you can file a Motion to Reopen. You must demonstrate that your failure to appear was due to lack of proper notice or exceptional circumstances beyond your control, such as a serious medical emergency. There is no standard 90-day deadline for in-absentia orders based on lack of notice, but you must act promptly.