Can You Be Deported While Waiting for an Appeal Approval?

Should an immigration judge deny an immigrant relief from removal, that immigrant has the right to appeal the decision. It’s strongly recommended that the immigrant retains an experienced and effective immigration appeal lawyer for this purpose. The general rule is that if an appeal on an order of removal is filed, the removal process is automatically stayed. Our immigration appeal attorney advises that on that basis, an immigrant who appeals an immigration judge’s removal order cannot be removed from the United States while his or her appeal is pending. There are two exceptions to this rule. The first is when the immigrant clearly and unambiguously waived an appeal at his or her immigration hearing. The second exception is when an immigrant failed to appear at a scheduled hearing and as a result, a removal order was put in place.

The BIA
The immigration appeal process is complicated. Either party to a case has 30 days from the date of a judge’s decision to file an appeal with the Board of Immigration Appeals (BIA). All appeals must be in writing. Oral argument is rarely allowed. These appeals are limited in scope, and determinations are made only on the basis of the evidence in lower court’s record and the immigration judge’s decision.

Filing and Serving Appeals
Even service of the appeal has special rules. For example, timely filing of the appeal isn’t enough. It must be received by the BIA within 30 days of the date of the judge’s order. If you received the judge’s order by mail, your appeal must be received within 30 days of the date that the decision was mailed to you. Weekends and holidays are included in that 30 days. If the 30th day is on a weekend day or federal holiday, the day after that operates as the 30th day.

Timing of Briefs
Assuming that timely filing and service of the appeal are made, the BIA will set a briefing schedule that both parties must follow. Briefing dates might be extended if good cause is shown.

If you are considering filing an appeal of an adverse ruling by an immigration judge in or around Los Angeles, our immigration lawyer Pasadena has extensive experience in navigating the complexities of the appeal process. Remember that strict time limits apply. Contact us right away after any adverse ruling to discuss an appeal.

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