Rosedale Law Firm

How to Stop Deportation

The immigration process is daunting, especially when faced with a denial. If you're considering appealing an immigration denial, you're not alone, and you can learn how to stop deportation. Thousands of people each year find themselves needing to stop deportation. This ultimate guide on how to stop your deportation order details the process and provides valuable insights to navigate your journey.

Essential Steps for How to Stop Deportation

Many people receive a removal order after a long fight and wonder how to stop deportation. Others do not but can reopen their case if they had a good reason for missing court or their situation changed. When it comes to appealing an immigration denial or stopping deportation, knowledge is power. An appeal is a formal request to a higher authority to review and overturn a lower court or agency’s decision. This usually involves challenging the denial of asylum, cancellation or withholding of removal, or adjustment of status (permanent residency), and can stop deportation when done correctly.  


The first step to stop deportation is to understand the time-sensitive nature of the process.   


Most appeals have strict deadlines, in this case 30 days. Missing a deadline can result in losing your right to appeal. So, it's essential to act quickly and decisively. Yet, all might not be lost if you missed a deadline but never learned of your hearing or if your circumstances later changed. If you think these exceptions apply, seek expert advice on how to stop deportation so you are not penalized for circumstances beyond your control.  


There are many reasons why a deportation order can and should be appealed. Some common grounds for appeal include:  


  1. Legal Errors: Did the officer or judge misinterpret or misapply the law? 
  2. Factual Mistakes: Does the denial reference factual errors? 
  3. Procedural Issues: Were proper procedures maintained throughout the hearing or application process?

 Understanding the specific grounds for your appeal is crucial to stopping deportation. Appealing an immigration denial to stop deportation involves several steps requiring careful attention to detail. Here's the step-by-step process to complete each stage.

 

  1. The Denial Notice: Get and review a copy of the denial notice. This document explains the reasons for the denial, which is needed to craft the basis for the appeal and stop deportation. Moreover, this document will explain your right to appeal and list your specific deadline. For example, did the judge make an exact ruling on all arguments, or does the decision give a short conclusion glossing over the details? Were important events or facts not considered?  
  2. Decide to Appeal: Consider professional help to strengthen your immigration appeal. Your case must be evaluated first to determine if an appeal is the best course of action. For example, suppose you received a denial from USCIS, not a deportation order from a judge. It might be easier, faster, and cheaper to file a new application, depending on the processing time. Consult with an immigration lawyer to receive an individualized plan for your denial.   
  3. File the Appeal: The appropriate appeal form must be submitted to stop deportation. File Form EOIR-26 along with the required $110 filing fee through check or money order if you received a deportation order. Please visit https://www.justice.gov/eoir/file/eoir26/dl for more detailed instructions. Please note this is different from receiving a denial from USCIS. Submit Form I-290B with the $800 filing fee to appeal a USCIS decision. You may be eligible to appeal with no filing fee or a fee waiver. Please visit https://www.uscis.gov/feecalculator# to check your eligibility. Both types of appeals should be submitted with legal arguments detailing the decision’s errors. Pay attention to detail to ensure all forms are correctly completed and submitted on time with the appropriate fees. An experienced immigration lawyer can handle this highly technical process and ensure your immigration appeal is correct and has the best chance of approval to stop deportation.    
  4. Prepare Your Defense: Get a copy of your court file to reference in the written arguments. The simplest way to do this is to complete Form EOIR-59 and email it to the court that held your last hearing. You can find the best email address to send your Form EOIR-59 to at https://www.justice.gov/eoir/request-rop-email-immigration-courts. The Board of Immigration Appeals will send your lawyer a hearing transcript, but it does not include a copy of previous filings and can take over a year to receive. These documents are needed to prepare the primary legal brief to stop deportation, so collecting them early in the process is best.   
  5. Be Represented at the Hearing: When filing your Form EOIR-26 to stop deportation, you can request a hearing with the Board of Immigration Appeals. This decision should be made only after consulting with an immigration lawyer, as it is often unnecessary.    
  6. Receive the Decision: The Board of Immigration Appeals will review your case and issue a decision. They will either affirm the original denial, reverse it, or remand the case for further consideration. If you do not receive the outcome you hoped for, you may be eligible to appeal the denial to the federal circuit court to stop deportation. An experienced lawyer can guide you through the results and determine your best next steps to stop deportation.

People Stop Deportation Orders from Going into Effect Every Day. Schedule an Appointment Now to Get Individualized Help.

Key Considerations for How to Stop Deportation

 

 

Common Pitfalls to Avoid


While working to stop deportation, be aware of these common mistakes that can harm your case.  An experienced immigration lawyer can help guide you to avoid these mistakes.


  1. Missing Deadlines: Failing to file a timely appeal could permanently end your right to stop deportation.  
  2. Failing to Address All Previous Arguments: Any previous arguments not addressed on appeal will be deemed waived. 
  3. Going it Alone: You can try to stop deportation by yourself, but an expert’s help is invaluable given the system's complexity. 

Alternatives to Appeals


In some cases, appealing an immigration denial may not be the best or only option to stop deportation. Consider talking to an experienced immigration lawyer about these alternatives to learn how to stop deportation:


  1. Motion to Reopen or Reconsider: This option asks for a review based on new evidence or legal arguments. This could be a good option to discuss if you missed your immigration hearing or circumstances have changed. 
  2. Re-Applying: If USCIS denies an application, it might be better to file a new one and start fresh.
  3. If you are a victim of domestic violence or other crimes, schedule a consultation to see if new pathways are now available to stop deportation. 

The Importance of Legal Representation


An experienced immigration lawyer can:


  1. Check the strengths and weaknesses of your case;
  2. Identify the most compelling grounds for how to stop deportation;
  3. Ensure all deadlines and procedural requirements are met;
  4. Craft compelling legal arguments that strengthen the case; &
  5. Reserve your right to continue fighting your case to stop deportation beyond the current appeal.

When looking for a lawyer consider someone with specific experience handling appeals like yours.


The Impact of Current Events on Stopping Deportation


Events, including the pandemic and violent conflicts, can impact appealing immigration denials by: 


  1. Increasing processing times;
  2. Changing how interviews and hearings are conducted (e.g., virtual hearings);
  3. Shifting policy towards certain types of immigration benefits (i.e., Temporary Protected Status for members of certain countries like Afghanistan, Ukraine, or Venezuela); &
  4. Shifting priorities for immigration enforcement and adjudication (e.g., decreased focus on those without criminal history).

Consider how these current events might help stop deportation and adjust your strategy accordingly.



Looking to the Future: After the Appeal

Consider your long-term immigration goals.


Consider questions like:  


  1. What are your options if you permanently stop deportation, and what documents should you collect to be prepared for the next step? 
  2. What will you do if the request to stop deportation is denied? Should you gather community support and request character references? 
  3. Are there other pathways to achieve your immigration objectives? Do you now qualify to stop deportation another way? Set yourself up for success by paying your taxes, fines, and child support and keeping a record of everything. 
  4. How might future policy changes affect your immigration status? If you have any criminal history, be active in your community and volunteer to rehabilitate your record while there is still time.
 

 

 

Planning for different outcomes can inform your decisions.

  

Prepare for the Emotional Journey  


Stopping deportation can be a stressful and emotional process. It's essential to prepare yourself mentally and emotionally for what can often be a lengthy and challenging journey. Here are some tips to help you cope.  


1.     Build a support network of friends, family, or support groups. We are often less alone than we think, but consider joining a local organization or spiritual community if you feel alone.

2.     Stay informed about your case.

3.     Take care of your physical and mental health.

4.     Set realistic expectations about the timeline and potential outcomes.

5.     Focus on what you can control, like meeting deadlines and document collection. 


Learning how to stop deportation is complex but is likely worth the effort. Following proper procedures and considering professional help is necessary to set you up for success. Remember, each case is unique, and what works for one person may not be the best approach for another. Stay informed, be prepared, and don't lose hope. With persistence and the right strategy, you can work towards achieving your goals. If you are facing deportation or an immigration denial, contact us today to see how we can help.



The information above is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established by reading or reliance on this article. Should you need legal advice or representation, we strongly recommend scheduling a consultation to assess your specific needs. The content above is subject to change without notice and may not reflect the most current legal developments.


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Contact A New World Immigration Law, PLLC for professional immigration court appeal services. We specialize in keeping families together and provide remote assistance across the US, regardless of where the Immigration Court is located. Our experienced lawyers are well-versed in immigration law and will guide you through the appeals process with expertise and dedication.

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