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If You’re Being Deported, Can You Still Appeal An Immigration Decision?


There are two different definitions of being deported. The first definition is when Immigration and Customs Enforcement, or ICE, has detained someone and is facilitating his or her departure from the US. Deportation can also mean that while someone is able to leave a courthouse on his or her own, they have been issued a deportation order and are supposed to be leaving the US. As long as an appeal is filed within 30 days from the denial of their case, an appeal can be filed even if the individual is being deported.

If Someone Has Already Been Deported, Does He or She Have Any Recourse?

Any denial can be appealed within 30 days. In the case, a denial with immediate deportation, the individual’s attorney should file for a Motion to Stay Deportation. Information about the appeal that will be filed should be attached to the motion. In the very rare case that someone is actually deported back to their home country before they can appeal their case, he or she is still able to file an appeal, as long as those 30 days have not passed. This usually only happens in the cases of serious criminal convictions.

For more information on Appealing While Being Deported, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 350-2571 today.

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