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Stage 4: Understanding the Judge's Decision

Dealing with Deportation

What is an order of removal or order of deportation?

An order of deportation or order of removal is generally issued by an immigration judge and requests  that you leave the United States. Usually ICE Form I-205.

 

An immigration judge can order you removed or deported in different situations:

  • If you do not apply for any relief from removal or deportation, such as asylum, adjustment of status, or cancellation of removal;

  • If the judge denies your application for relief from removal (for example, your application for asylum);

  • If you do not appear, or if you are late  for your immigration court hearing. This is called an in absentia order of removal. You can make a motion to rescind the order and reopen your case in immigration court if you meet certain criteria (for example, that you did not know you had a hearing, or that exceptional circumstances prevented you from attending the hearing).

  • If you ask for and are granted Voluntary Departure by the immigration judge and you do not leave within the time specified by the judge, the Voluntary Departure order becomes a deportation or removal order.  

 

You can find an example of an order of deportation or removal here.

 

Immigration and Customs Enforcement Enforcement and Removal Operations (ICE ERO) can execute the removal order by taking you into custody and arranging for your departure at US government expense. Generally, an order of removal must be final in order to be executed. 

 

An order of removal becomes final if:

  • you do not appeal the order within 30 days of its issuance by the judge;

  • your appeal is dismissed, and all possibilities of appeal have been exhausted.

What happens if I enter the US again after I am deported?

It is generally very difficult for people to return to the US legally after being deported. Generally, you will need an approved visa petition and a “waiver of inadmissibility” (Form I-212). Such a waiver is difficult to obtain. 

 

Consequences of being deported from the US:

  • Generally, if you are deported after an immigration judge orders your removal/deportation, you are not eligible to return to the US for 10 years (but under certain circumstances can request an I-212 waiver to return earlier).

  • If you have been deported or removed from the US more than once, you are not eligible to return to the US for 20 years (but under certain circumstances can request a I-212 waiver to return earlier).

  • If you have been ordered removed in absentia (for not going to your immigration hearing or being late for it), you are not eligible to return to the US for 5 years, except if you can show reasonable cause for not showing up.

  • If instead of an immigration judge, CBP or ICE issues you an expedited removal order, you are not eligible to return to the US for 5 years (but under certain circumstances can request an I-212 waiver to return earlier). 

 

Eligibility for an I-212 waiver is complicated and includes many factors, including proof of the length of time you lived in the US, good moral character, family ties to the US, need for your skills and services in the US, hardship to you and others if you cannot return, and more.

 

If you are deported and then you re-enter or try to re-enter the US without permission, you are considered to be permanently ineligible for legal return. To overcome permanent ineligibility, you have to wait outside the US for 10 years before applying for an I-212 waiver. In addition, there are serious consequences for trying to reenter without permission after deportation. First, you would be  subject to reinstatement of removal, which means you can be deported without seeing an immigration judge, unless you express a fear of being persecuted or tortured in your country and an immigration officer agrees with you. You may also be subject to criminal charges for illegal reentry in the US and may be fined and imprisoned if found guilty.

 

If you think you are eligible to apply for an immigrant or non-immigrant visa to return to the US after being deported, you must consult with a US immigration lawyer.

Can I voluntarily self-deport? 

Yes, you can ask the immigration judge for Voluntary Departure. Voluntary Departure (VD) is a type of relief from deportation that can be requested in immigration court, typically before the individual hearing.

 

There are two main differences between VD and a deportation/removal order. First,  VD allows for an easier process to immigrate to the US legally later. Departing the US voluntarily does not make someone inadmissible to return legally, whereas an order of deportation/removal can make someone inadmissible to return for up to 10 years. In terms of discretion, VD is seen with much better eyes than a deportation/removal order. Second, someone who is granted VD must pay for his/her own travel to the country of origin, whereas with a deportation/removal order, travel is paid for by the US government. 

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However, even a timely voluntary departure does not protect someone from other inadmissibility issues. For example, if someone has more than one year of unlawful presence in the US before leaving with a VD order, that person would not be able to return to the US for 10 years. This is called the “10 year bar” and it can be waived in certain circumstances.

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If the immigration judge grants VD, then the person will receive an order from the court stating so. The judge will give the person a certain amount of time to arrange to leave the US, generally 120 days.  In the past, the person had to coordinate with ICE once the order was issued. This meant providing ICE with ticket information and having an ICE agent ensure that the person left the US as planned. Once in the country of origin, the person would report to the US consulate to prove that they had complied with the VD order. This is particularly important if the person intends to immigrate to the US at a later time. It is not clear if these procedures have changed.

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If the person does not leave the US during the time given by the court, the VD automatically converts into a deportation/removal order. Anyone granted VD is subject to civil penalties up to $5000 if he or she “fails to voluntarily depart the United States within the time period specified….” The person will also be barred for 10 years from being granted certain immigration benefits, including cancellation of removal, adjustment of status, change of status, etc. 


The Immigration Court has published information and self-guidance on Voluntary Departure. You can find these resources here.

Stage 4 Questions

Stage 3: Understanding the Judge's Decision​

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Anticipating Outcomes

  • What are the different decisions that the judge could make?​​

  • What does it mean if the government offers you one of these alternative options? 

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Submitting Appeals

  • How long do I have to appeal the judge's decision?

  • What are my options if my appeal is unsuccessful?

Dealing with Deportation

  • What is an order of removal or order of deportation?

  • What happens if I enter the US again after I am deported?

  • Can I voluntarily self-deport?

 

Navigating Detention

  • How do I contact a loved one who is in detention?

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Requesting & Completing a Credible Fear Interview

  • What is a credible fear interview?

  • How do I request a credible fear interview?

  • How do I succeed at a credible fear interview?

  • What is a reasonable fear interview?

  • How do I request a reasonable fear interview?

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