You just left immigration court. The judge issued a deportation order. You feel lost, confused, scared. Your mind races with questions: What happens now? Is this the end? Do I have to leave immediately?
You still have options. The most important one is your right to appeal deportation order decisions to a higher authority. The judge’s decision isn’t final yet if you act quickly.
In this guide, we’ll explain how the deportation appeal process works, where you can appeal, critical deadlines you must meet, step-by-step filing instructions, and what happens while your appeal is pending.
What is a Deportation Order?
A deportation order, officially called a removal order, is the immigration judge’s decision that you must leave the United States. The judge determined you don’t have legal status or don’t qualify for relief from removal.
The order isn’t automatically enforceable. You have a window to challenge it. This is where the appeal deportation order process becomes critical.
Final orders mean the judge made a complete decision after a full hearing. Non-final orders involve procedural issues or partial decisions. Only final orders can be appealed to the Board of Immigration Appeals.
The removal order becomes enforceable only after all appeals are exhausted, or appeal deadlines pass. Until then, Immigration and Customs Enforcement cannot physically remove you from the country if you filed your appeal on time.
Where You Can Appeal: The Board of Immigration Appeals & Beyond
The Board of Immigration Appeals, or BIA, is the primary appellate body for immigration court decisions. The BIA operates within the Department of Justice. It reviews immigration judge decisions for legal or procedural errors.
You file your appeal by submitting Form EOIR-26, Notice of Appeal, within 30 days of the judge’s decision. This deadline is strict. Missing it means you lose your right to appeal.
The 30-day period starts from the date the judge renders an oral decision in court or mails a written decision. The BIA counts 30 calendar days, including weekends and holidays. If the 30th day falls on a weekend or legal holiday, the deadline moves to the next business day.
The BIA doesn’t follow the mailbox rule. Your appeal must be received by the BIA within 30 days, not just postmarked.
After the BIA, you may appeal to federal court through a petition for review. This goes to the U.S. Court of Appeals for your circuit. You have 30 days from the BIA’s decision to file. Federal court appeals focus on legal or constitutional issues, not factual disputes.
Step-by-Step: Filing the Appeal
Step 1: Check the Judge’s Order Date
Find the date on your written decision or note the date the judge announced the decision in court. Calculate your 30-day deadline immediately.
Step 2: Prepare Form EOIR-26
Complete the Notice of Appeal form accurately. Include your name, A-number, and case details. The filing fee is $1,010 as of 2025. If you can’t afford it, file Form EOIR-26A requesting a fee waiver.
Step 3: Write Your Brief
Create a statement explaining why the judge made an error in law or procedure. Don’t just disagree with the decision. Show specific legal mistakes. Cite relevant laws, regulations, or precedent decisions.
Step 4: Submit Everything to the BIA
Mail or electronically file your Notice of Appeal, fee payment or waiver request, and initial statement to the BIA’s Clerk’s Office in Falls Church, Virginia. Confirm receipt by checking online at the EOIR case status website or by calling 1-800-898-7180.
Step 5: Wait for Briefing Schedule
The BIA will issue a scheduling order with deadlines for submitting your full brief. You typically have several weeks to months to prepare detailed written arguments.
Step 6: File Your Full Brief
Submit your complete legal brief by the deadline. The BIA bases most decisions on written briefs without new hearings. This document is your main opportunity to make your case.
Step 7: Await the Decision
The BIA reviews your case. Processing times vary dramatically. Detained cases take a few months. Non-detained cases can take years due to massive backlogs.
What Happens While the Appeal Is Pending
Filing your appeal on time automatically stays the removal order. This means ICE cannot deport you while the BIA reviews your case. You remain in the United States legally during this period.
Update your address with the immigration court and BIA immediately if you move. Failure to update your address means you won’t receive important notices. Missing a notice can result in your appeal being dismissed.
Maintain your current immigration status if possible. If you had work authorization, you may be able to renew it while your appeal is pending. Check with an attorney about your specific situation.
Avoid new immigration violations. Criminal arrests, unauthorized work, or other violations can hurt your appeal or create new removal grounds.
Gather additional evidence if possible. While appeals focus on legal errors, supplementing your record with new evidence sometimes helps. Consult an attorney about whether this applies to your case.
If your appeal fails, you may still file a motion to reopen or motion to reconsider within specific deadlines.
What If Your Appeal is Denied / Final Order Enforced
The BIA can affirm, reverse, or remand your case. Affirming means they agree with the judge, and your removal order becomes final. Reversing means they disagree and may grant you relief. Remanding means they send your case back to the immigration judge for further proceedings.
If the BIA affirms your removal order, you have limited options. You can file a motion to reopen within 90 days if you have new evidence or changed circumstances. You can file a motion to reconsider within 30 days if you believe the BIA made a legal error.
You can also file a petition for review with the U.S. Court of Appeals within 30 days of the BIA’s decision. This is complex and typically requires a specialized immigration attorney.
If all appeals fail and your removal order becomes final, ICE will schedule your deportation. You must appear at the designated time and place, or ICE will issue a warrant for your arrest.
Staying Alert and Taking Action
Getting a deportation order isn’t the end. The appeal deportation order process gives you a chance to challenge the decision and remain in the country legally while your case is reviewed.
Take action immediately. Calculate your deadline. Gather documents. File your appeal on time.
Stay informed about your case status. Check online regularly. Keep your address current. Respond to all BIA communications promptly.
Don’t face this alone. Immigration appeals are complex and technical. Mistakes cost you your opportunity to stay.
If you need personalized help or have further questions, visit ImmigrationQuestion.com. You can ask your questions free and have experienced immigration attorneys answer your questions.
Frequently Asked Questions
Can I be deported while my appeal is pending?
No. Filing your appeal on time automatically stays your deportation order. ICE cannot physically remove you from the United States while the BIA is reviewing your case. This protection lasts until the BIA issues its decision.
What is the difference between an appeal and a motion to reopen?
An appeal challenges legal or procedural errors the judge made. A motion to reopen presents new evidence or changed circumstances that weren’t available during your hearing. Appeals go to the BIA. Motions typically go back to the immigration judge first.
Are all deportation orders appealable?
No. In absentia removal orders cannot be directly appealed to the BIA. Credible fear and reasonable fear determinations aren’t appealable. Some expedited removal orders have limited appeal rights. Most full removal orders after merits hearings are appealable.
Can I change attorneys after filing the appeal?
Yes. File a new Form EOIR-27, Notice of Entry of Appearance, with the BIA. Your new attorney becomes your practitioner of record. Make sure your old attorney withdraws or your new one properly substitutes in.
