Deportation proceedings can be very daunting and thrilling once an immigration judge issues a deportation order. However, even if they tell you to leave, you might still find a way to stay. In this guide, we arm you with useful information about deportation and the actions you can effectively take when facing deportation proceedings.
Understanding the Deportation Process
But let’s first clarify what the deportation process entails before we learn about your possible choices. An immigration judge orders you to leave the United States, requiring you to follow a specific process rather than leaving immediately.
Filing an Appeal From an Immigration Judge’s Decision
It is one thing that you can consider when you have been given an order of removal you can appeal. An appeal in its basic form is an application to a higher forum to have the decision of the judge or a trial judge reversed. In the United States, these appeals are to the Board of Immigration Appeals which is abbreviated as B. I. A.
It’s crucial to act swiftly if you intend to appeal. You have a limited window of 30 days from the day the immigration judge orders your deportation to submit your appeal. Failure to do so within this timeframe could waive your rights to appeal.
Alternative to Filing an Appeal: Requesting Voluntary Departure
If you believe there are no grounds for an appeal, you may want to consider requesting “Voluntary Departure.” This option allows you to leave the U.S. on your terms, within specified limits, and at your own expense. By choosing this route, you can avoid having an official removal order on your immigration record, making it easier to return to the United States in the future.
The Importance of Timely Action
Requesting Voluntary Departure should be done promptly to maximize its benefits. The sooner you make this request, the better your chances of a favorable outcome. For detailed eligibility criteria, refer to “Voluntary Departure:
Who Is Eligible?”
It’s worth noting that if you are not in immigration detention at the time of your hearing, failing to attend your hearing can result in an “in absentia” removal order. You won’t be able to return to the United States for an extended period, and you will lose any bail money paid on your behalf.
After the Immigration Judge Orders Removal
Assuming the immigration judge orders your removal and you were on bail at the time, you won’t necessarily be immediately taken into immigration detention. You’ll have some time to remain in your U.S. home while the government makes arrangements for your return to your home country.
When the government is ready, they will typically send you a “bag and baggage” letter. This letter provides details about when and where you should report for your departure, along with information about the amount of baggage you can bring.
Requesting a Postponement: The “Stay” Application
In some cases, circumstances may prevent you from leaving as instructed by the government. For instance, if you become too ill to travel or discover a new legal basis to remain in the country, you can request a postponement by filing a “stay” application. Although this application has a fee, if granted, it will provide you with additional time in the United States and possibly the right to work before your eventual departure.
Ignoring the Removal Order: Consequences
Ignoring the “bag and baggage” letter or attempting to dodge the removal order can lead to serious consequences. If you move to a new location or ignore the letter, Immigration and Customs Enforcement (ICE) may refer your case to the fugitive unit. This specialized unit is responsible for tracking down and arresting individuals with removal orders.
ICE agents have the authority to arrest you at your home, workplace, or school at any time, often conducting arrests during nighttime hours. Once in custody, you will remain detained until travel arrangements can be made.
The timing and likelihood of ICE agents’ actions depend on various factors, including local enforcement priorities and manpower. Once listed as a fugitive, local law enforcement may also become involved, leading to potential arrests during routine encounters, such as traffic stops.
Legal Consequences and Future Implications
Attempting to evade removal orders can lead to an array of legal consequences, including potential criminal charges. Moreover, individuals aiding or harboring a fugitive may also face charges.
Apart from legal repercussions, arrest situations can be embarrassing, frightening, or even dangerous, whether they occur in public or the presence of family members.
Additionally, ignoring an order of removal could negatively impact any future attempts to return to the United States, further underscoring the importance of addressing the issue proactively.
Seeking Legal Guidance
If you find yourself in deportation proceedings or have received a removal order and are uncertain about your next steps, it’s highly advisable to seek the assistance of an experienced immigration attorney promptly. An attorney can provide essential guidance and explore potential avenues to address your situation.
Navigating the complexities of a deportation order can be daunting, but knowing your options and taking timely action is crucial. Whether you choose to file an appeal, request Voluntary Departure, or explore other legal avenues, seeking professional legal counsel can make a significant difference in your case. Remember, addressing the situation promptly and effectively is key to securing the best possible outcome.
In this detailed guide, we’ve provided you with comprehensive information on how to handle a deportation order in the United States. By understanding the process and your options, you can make informed decisions and take the necessary steps to address this challenging situation. Whether you’re considering an appeal or voluntary Departure, or need legal advice, remember that seeking professional guidance can be your best course of action in these circumstances.
