Deportation is a serious and often life-altering event for individuals facing this process in the United States. If you or a loved one is facing a deportation order, it’s important to know that there are several ways to fight back.
Understanding your legal options and acting quickly can significantly improve the chances of you or your loved one remaining in the country. Seeking personalized legal guidance is generally the best way to get started, as every case is unique. With that said, familiarizing yourself with common deportation defense approaches certainly can’t hurt.
Fighting back
Cancellation of removal is an option available to certain non-citizens who can demonstrate strong ties to the U.S. They must also demonstrate that their removal would cause extreme hardship to family members who are U.S. citizens or lawful permanent residents. Long-term residence in the U.S. and good moral character are also generally prerequisites for this approach.
If an immigration judge issues a deportation order, you also have the right to appeal the decision to the Board of Immigration Appeals (BIA). The BIA will review the case to determine if the immigration judge at issue has made any legal errors. Filing an appeal can delay deportation while the case is under review, and a successful appeal can reverse it.
A motion to reopen can also potentially be filed if new evidence or facts arise after the original hearing that could change the outcome of the case. A motion to reconsider could be filed if you believe the immigration judge made a legal error in their decision. Both motions can provide another chance to present your case and potentially stop the deportation.
These are only a few of the strategies that may be employed in the event of deportation. For example, asylum or withholding of removal is a defense available to individuals who – in addition to meeting other eligibility criteria – have a well-founded fear of persecution in their home countries. Seeking personalized legal guidance can help you learn more about the above opportunities and/or additional options that may apply to your family’s circumstances.