When Is an Order of Removal Final?


If you received a letter with an order for removal, it means that you are in deportation proceedings. However, all hope isn’t lost. You may still have a few options that could help you remain in the United States. Our Miami immigration attorneys explain how you can determine when an order of removal is final and when you have the opportunity to change the course of your case.

Order of Removal In Absentia

When you received your order of removal, you most likely were requested to attend an immigration court hearing. If you did not attend your hearing, your order of removal will be “in absentia.” In absentia means that the order for removal has been finalized, and you won’t have the opportunity to file an appeal (only in very limited circumstances).

Order for Removal Appeals

If you attended your hearing and were given the opportunity to appeal by the judge, you have an automatic 30-day “stay” to file your Notice to Appeal. This means that ICE cannot deport you during that time, and you have the right to draft and file your appeal. If you don’t file an appeal within the 30-day period, the order will become final, and you will get deported.

If you attended your court hearing but were not given the opportunity to appeal, the court order will automatically be final.

Need Help with Your Removal Order Appeal?

The time during an order of removal can be stressful. For such reasons, it is vital that you have an experienced attorney on your side who can help you understand your options to appeal and remain in the United States. Our team at Revilla Law Firm, P.A. can analyze your case and work with you to help you avoid deportation. We have the knowledge, skill, and experience needed to help you achieve your desired results.

Contact us today at (305) 858-2323 to schedule a consultation!

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