A Deportation Order Isn’t Always the End, But You Must Act Fast
Getting a deportation order can feel like a dead end. But in 2025, several legal tools still exist that can stop or delay removal even if you’ve already lost in court. These include motions to reopen, BIA appeals, emergency stays, and adjustment strategies that allow you to fight for your future.
Whether you missed a hearing, lost a case, or have already been detained, time is now your biggest threat. Acting fast with the help of an experienced immigration lawyer and a dedicated removal defense attorney could make the difference between leaving the U.S. and staying with your family.
What Happens After a Deportation Order Is Issued?
When an immigration judge orders removal, it becomes a final order unless appealed or reopened. You may receive this order after attending court, or in absentia if you missed your hearing.
If you’re not detained, ICE can enforce the order at any time. For those already in custody, deportation can happen within days unless a legal motion or emergency stay is filed.
That’s why every hour counts.
Reopening Your Case: When New Facts or Injustice Matter
What Is a Motion to Reopen?
A Motion to Reopen asks the immigration court to take a second look at your case. This happens when new information or circumstances arise, things that weren’t available when the judge first made their decision. It’s a way to present evidence the court never got to see.
For example, you may now qualify for relief because of a recent marriage to a U.S. citizen or due to escalating danger in your home country. Some motions are based on poor legal representation in the original case.
Filing Deadlines and Exceptions
Most motions to reopen must be filed within 90 days of the final removal order. However, there are exceptions, especially for asylum claims or if you never received your hearing notice. The court may also agree to reopen a case at its discretion, known as a sua sponte reopening.
A True Story: Father Wins Reopening After Bad Legal Advice
One of our clients, a father of two U.S. citizen children, was ordered removed in 2023. His attorney failed to file the correct paperwork. In 2025, we filed a motion explaining the attorney’s negligence and submitted evidence of his strong ties to the U.S. The case was reopened, giving the family new hope.
BIA Appeals: Challenging Legal Errors at the Highest Level
Understanding the Board of Immigration Appeals
The Board of Immigration Appeals (BIA) is the appellate body for immigration court decisions. If a judge ruled unfairly or made legal mistakes, you can ask the BIA to review that decision. This process is not for new evidence it focuses on what happened in court.
Key Steps in a BIA Appeal
You must file your notice of appeal within 30 days of the judge’s order. Then, a legal brief must explain why the judge’s decision was wrong, maybe they misinterpreted the law or overlooked crucial facts.
This is not an easy process. It takes precise legal writing and a deep understanding of immigration precedent. But if the appeal succeeds, your case can be sent back for a new hearing or even reversed.
Emergency Options: When Time Is Running Out
I-246: Requesting a Stay of Removal
Sometimes, your best option is a last-minute request for a stay of removal. You file Form I-246 directly with ICE, asking them to delay your deportation. This isn’t an appeal, it’s a humanitarian request based on your circumstances.
People who are seriously ill, parents of U.S. citizen children, or those waiting for green card approvals may qualify. You’ll need to provide documents showing why a delay is justified, like medical records, family hardship letters, or proof of pending applications.
Who Should Consider This?
Not everyone qualifies. But for those without criminal records, with strong community ties or family hardship, it can provide a crucial pause. ICE can grant these stays for weeks or even renew them annually.
Can You Still Get a Green Card After a Removal Order?
Yes, though it’s complex. Some immigrants with final orders can still apply for lawful status. This often involves leaving the U.S., applying for special waivers, and returning lawfully.
For example:
If you marry a U.S. citizen after your removal order, you may qualify for a green card through consular processing.
You’ll likely need an I-212 waiver for reentry and a 601A waiver if you’ve accrued unlawful presence.
These filings are sensitive, and approval is not guaranteed. But when done correctly, they offer a second chance at lawful status.
Why You Need a Lawyer for Any of These Steps
Trying to stop deportation without legal help is like walking a tightrope in the dark. These motions and appeals are technical, fast-moving, and unforgiving. One mistake, like missing a deadline or using the wrong form, can end your chances.
Learn more about our removal defense services and how we fight to keep families together.
At Aftalion Law, we:
Respond within hours to emergency removal cases
Reconstruct entire case files to uncover missed opportunities
Represent detained clients nationwide
Build persuasive legal arguments that get reopened and reconsidered
FAQ
Yes. If you never received proper notice or had no chance to appear, you may file a Motion to Reopen In Absentia Order and potentially stop deportation.
A motion reopens your case with the same judge, often using new facts. An appeal sends the case to the BIA, focusing only on whether the law was applied correctly.
Contact a lawyer immediately. In some cases, you can still file a stay or motion. Every moment matters.
Not always. Some people become newly eligible for relief, or were misinformed about their rights. It’s worth getting a case review.
If you apply for certain types of relief, like asylum or adjustment of status, you may be eligible for a work permit while your case is pending.
Talk to a Deportation Defense Lawyer Before It’s Too Late
Every day that passes after a deportation order increases your risk. The system moves fast, but so do we.
Call Aftalion Law or request an emergency consultation now. We’ll assess your case, explain your options, and move quickly to file motions, appeals, or stays.
Because when everything is on the line, you deserve a legal team that won’t give up.