How to Appeal Your Deportation and Removal to Stay in the U.S.: A Step-by-Step Guide


Shawn Sedaghat, Esq.
Facing deportation or removal from the U.S. can feel overwhelming, but the good news is that you have the right to appeal the decision. Yes, even after an immigration judge issues a deportation order, there is still hope. In this guide, the article will walk you through the appeal process step by step.
By the end, you’ll understand what to do next, how to file an appeal, and what happens during your journey through the immigration appeal after deportation and removal.
What Is an Immigration Appeal?
An immigration appeal is a legal process where you ask a higher authority to review and reverse a decision made by an immigration judge or official. After a deportation order is issued, you have the right to challenge it by appealing to the Board of Immigration Appeals (BIA) or, in some cases, to the federal courts. The clock is ticking, though—you only have 30 days to file your appeal after the judge’s decision. Time is of the essence, so don’t wait to take action.

Step 1: Understand Your Deportation or Removal Order
Before diving into the appeal process, it’s important to understand why you received a deportation order in the first place. Common reasons for deportation orders include overstaying a visa, violating immigration laws, or even being charged with certain criminal offenses. Whatever the reason, the immigration judge’s decision will lay it out clearly. You’ll receive a written notice that outlines why the judge ordered your removal.
If you believe the judge made a mistake or didn’t consider certain factors, then an appeal is the way to go. But remember, understanding the exact reason for the removal order will guide your approach during the appeal process.
Step 2: File Your Notice of Appeal
The first official step in appealing your deportation is to file a Notice of Appeal with the Board of Immigration Appeals (BIA). This document is critical because it signals your intention to challenge the deportation. Filing this notice stops the clock on deportation temporarily, allowing you time to prepare your case.
How to File:
- Use Form EOIR-26 to notify the BIA of your appeal.
- Be sure to include details of why you think the immigration judge’s decision was wrong.
- Provide any new evidence or arguments that can help your case.
- Don’t forget the filing fee, unless you qualify for a fee waiver.
Once you file your notice, the BIA will begin reviewing your case. Importantly, filing a Notice of Appeal doesn’t automatically pause deportation unless you request a stay or qualify for an automatic stay. Consulting an experienced immigration attorney can help you get this right.
Step 3: Prepare Your Written Arguments
The BIA will mostly rely on written arguments during your appeal, meaning your paperwork and legal reasoning need to be rock solid. Unlike typical court hearings, the BIA usually does not conduct in-person hearings or listen to oral arguments. Instead, the appeal is decided based on the information submitted in writing.
Your written submission needs to focus on the legal errors or oversights that occurred in your immigration court hearings. This could include:
- Misinterpretations of immigration law.
- Procedural mistakes by the immigration judge.
- New evidence that wasn’t available during the initial trial.
Step 4: Wait for the Board of Immigration Appeals (BIA) Decision
Once the BIA receives your written arguments, they’ll begin reviewing your case. While you wait for their decision, it’s essential to stay informed about any deadlines or additional requests from the court. The BIA can take several months to issue a decision, so patience is important during this stage.
If the BIA rules in your favor, great news! Your deportation order will be overturned, and you may have the opportunity to remain in the U.S. But if the BIA denies your appeal, don’t panic—you still have another option, which is taking your case to a federal appeals court.
Step 5: Federal Court Appeal (If Necessary)
If the BIA does not rule in your favor, you can escalate your case to the federal courts. At this stage, you’ll file a petition for review with the federal circuit court. Keep in mind that appealing to the federal courts doesn’t guarantee success, but it gives you one last chance to argue your case. The federal court may review the legal basis of the BIA’s decision, especially if constitutional rights or significant errors in applying the law are involved.
Federal court appeals are more complex than the initial BIA appeal, so having an experienced immigration attorney is crucial. Your attorney will help draft the petition for review, gather necessary documentation, and represent you in court if needed.

What Happens During the Appeal Process?
While your appeal is pending, the deportation order is usually paused, meaning you won’t be deported during this time. However, the situation varies depending on your specific circumstances and the court’s ruling on stays of removal. If your appeal is successful, your deportation order will be canceled, and you’ll have the opportunity to remain in the U.S. legally. If the appeal is denied, your deportation will likely proceed unless other options are available.
What Happens If You Miss the Appeal Deadline?
Missing the 30-day deadline to file your appeal can severely limit your options. Once the deadline passes, the deportation order becomes final, and you may be removed from the U.S. with no further recourse. Always make sure to file your appeal on time to avoid this.
Conclusion
Filing an appeal after receiving a deportation order is not just possible—it’s a crucial step in fighting to stay in the U.S. The process can be complex, but it’s designed to give individuals another chance to prove their eligibility to remain. Remember, the appeal process starts with filing a Notice of Appeal to the Board of Immigration Appeals (BIA), followed by submitting your written arguments. If necessary, you can take your case to federal court for further review. Working with an experienced immigration attorney can make a world of difference throughout this journey.
Stay positive, take action, and remember that you have rights! The appeals process is there for a reason—to give you a fair shot at staying in the U.S.
FAQs
1. What is the deadline to file an appeal after receiving a deportation order?
You have 30 days from the date of the immigration judge’s decision to file an appeal with the Board of Immigration Appeals (BIA). It’s important to file within this timeframe to avoid losing your right to appeal.
2. What happens if my appeal is denied by the BIA?
If the BIA denies your appeal, you can file a petition for review with the federal circuit court. This is the next step to challenge the decision, and the court will review the legal aspects of your case.
3. Can I remain in the U.S. while my appeal is pending?
Yes, typically, your deportation order is paused while your appeal is being reviewed. However, this is not automatic in all cases, and you may need to request a stay of removal to ensure you are not deported during the process.
4. What is a Notice of Appeal, and why is it important?
A Notice of Appeal is the document you file to start the appeal process. It informs the BIA that you intend to challenge the immigration judge’s decision. Without filing this notice, your deportation order becomes final.
5. How can an immigration lawyer help with my appeal?
An immigration lawyer can guide you through the appeal process, help draft your written arguments, and represent you in court if necessary. Their expertise can increase your chances of success in staying in the U.S.