Can a Deportation Order Be Stopped? 

A deportation order can be stopped through legal relief such as asylum, cancellation of removal, waivers, or adjustment of status. Filing an appeal with the Board of Immigration Appeals (BIA) within 30 days or a motion to reopen or reconsider based on new evidence or legal errors may also halt removal. Additionally, requesting prosecutorial discretion or applying for deferred action can sometimes delay or prevent deportation. If you were served with a deportation order, also known as a removal order, do not give up hope.  

The potential of removal from the country can be stressful and frightening, but an experienced immigration lawyer can explain the process and present your strongest case. At Bassey Immigration Law Center, our talented immigration law team is here to help. We represent individuals and families who need assistance with deportation and removal cases in Florida, throughout the United States, and all over the world. 

Appealing a Deportation Order 

Within 30 days of the immigration judge’s decision to order deportation, you must file a Notice of Appeal, Form EOIR-26, with the Board of Immigration Appeals (BIA). The BIA must receive it within that strict timeframe. Filing the appeal automatically pauses the removal process until the BIA makes a decision. 

Your attorney will analyze your case to determine possible defenses to the order of removal. For example, if you have newly discovered evidence unavailable at the time of your hearing, you may file a motion to reopen with the Immigration Court or the BIA, depending on where your case was last decided.  

However, if you or your attorney believe the immigration judge made a legal or factual error in their decision, you may file a motion to reconsider instead. Both motions are subject to strict filing deadlines, so timely action is essential. 

Potential Defenses 

Potential defenses when it comes to appealing a deportation order include: 

• Asylum, Withholding of Removal, or Protection Under the Convention Against Torture (CAT) – If applicants fear persecution or torture in their home country, they may qualify for protection. 

• Adjustment of Status – If the individual qualifies for a green card through marriage, employment, or family sponsorship, they may apply for legal status instead of removal. 

• Cancellation of Removal – Certain non-citizens who have lived in the U.S. for an extended period, have good moral character and can prove extreme hardship to a U.S. citizen or LPR relative may qualify for relief. 

• Waivers for Criminal or Immigration Violations – If the deportation is based on criminal or immigration infractions, some waivers, such as I-601 (Application for Waiver of Grounds of Inadmissibility) or I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) may be available. 

• Prosecutorial Discretion – The Department of Homeland Security (DHS) may choose to close or delay removal proceedings in some cases, particularly for low-priority individuals. 

• Motions to Reopen or Reconsider – As noted, if new evidence emerges or there is a legal error in the case, the applicant can file a motion to reopen (for new facts) or a motion to reconsider (for legal errors). 

• Appealing to the Board of Immigration Appeals (BIA) – If the immigration judge’s decision is incorrect, an appeal can be filed with the BIA within 30 days of the ruling. 

Deportation Orders That Cannot Be Canceled  

Some deportation orders are ineligible for cancellation. If the deportation order is based on the commission of a serious crime; participation in genocide, torture, or the persecution of an individual on racial, religious, political, or certain other grounds; or the U.S. government perceives the individual as a threat to U.S. security, the removal order will not be canceled.  

Contact Us at Bassey Law 

If you or a loved one are subject to a removal order, you need the services of an experienced deportation lawyer at Bassey Immigration Law Center. Contact us to schedule a consultation today to discuss your case.

About Bassey Immigration Law Center, P.A.

Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.