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You Don't Have to Leave if You're Deported

You Don't Have to Leave If Deported

Why You Don’t Have to Leave if Deported

Deportation from the United States can be one of the most frightening experiences for an individual in removal proceedings.

Deportation often means separation from family in the United States, loss of employment and diminished economic opportunities, and the return to violent and unstable living conditions in the home country.

For many, the United States feels more like home than his or her home country. Forced relocation to the home country can be devastating as the individual often does not have a place to live, employment, or a system of support.

After an order of deportation most respondents believe all is lost and will comply with the order by leaving the United States, however, you do not always have to leave if ordered deported… well not immediately.

How Can I Stay in the United States After Being Deported?

Before being deported, an individual must be given the opportunity to go through removal proceedings. (For more information about the removal process, read our article on “Due Process in Removal Proceedings”.)

During the removal proceedings, a respondent can apply for immigration relief including asylum, cancellation of removal, inadmissibility waiver, adjustment of status (lawful permanent residence or green card).

Most forms of immigration relief are discretionary, which means the immigration judge (IJ) is not required to grant relief just because the respondent qualifies for the relief. 

The IJ weighs the merits of the case, including the respondent’s good moral character,  the respondent’s criminal record, danger posed to the respondent in his or her home country, the respondent’s ties to the United States, and several other factors.

In most cases, the respondent may remain in the United States if granted relief. However, if relief is denied, the respondent is in immediate danger of being removed from the United States.

After the immigration judge denies relief and orders a respondent removed, the IJ will ask if the respondent wishes to appeal the decision. If unsuccessful in removal proceedings, a respondent may appeal the decision or request the Board of Immigration Appeals (BIA) review the decision.

It is highly recommended the respondent consult an experienced attorney when filing an appeal. The appeal must be received within 30 days of the IJ order and included detailed legal reasons why the BIA should review the appeal.

While the BIA is considering or reviewing the appeal, removal is stayed or temporarily paused. While removal is stayed, the respondent can remain in the United States until the BIA makes a decision on the case.

The BIA does not review the in-depth facts of every case without a detailed, well-drafted application for appeal. While it may be immediately cost-effective to handle these matters on your own, the BIA appeal may be the last chance to remain in the United States. 

It is highly recommended to consult an experienced immigration attorney as soon as an order of deportation is received.

What Should I do if I Want to Appeal the IJ’s Decision?

If you have been placed in removal proceedings and your claim for asylum, cancellation of removal, adjustment of status, or other form of immigration relief has been denied and you were ordered deported, it is important to consult an experienced immigration attorney immediately. 

Tatiauna Holland is a Houston-based immigration attorney with experience representing clients in removal proceedings and BIA appeals. Time is limited to file an appeal of an immigration judge’s decision and prove why you should remain in the United States following an order of deportation.

Contact the Holland Law Firm at (936) 539-6882 or  schedule a confidential review of your case online. 

The Holland Law Firm proudly represents clients throughout Texas, including Houston, The Woodlands, Sugar Land, Conroe, Huntsville, and surrounding areas.