If you, a family member or friend is an alien in the Orlando area and has been issued an order of removal, deportation or exclusion, there is still hope of remaining in the United States, at least temporarily. There are still several options for administrative relief, including, but not limited to, stay of removal, administrative and formal appeal, motions to reconsider and or a motion to reopen.
Stay of Removal (ICE)
A stay is a temporary postponement which prevents the Department of Homeland Security (DHS) from executing an order of removal or deportation. Stays can be automatic (pending an appeal) or discretionary (upon application to ICE). Stays of removal are granted for good cause and only to person who are not dangerous to the community. In putting together your stay application, you should contact our attorneys to assist you making your application as strong as possible.
If an immigration judge has issued an order of removal to an alien, that person may have the right to file an appeal within 30 days of the judge’s decision with the Board of Immigration Appeals. Extenuating circumstances can extend the filing dateline. During this period, your deportation will be automatically delayed pending the outcome of the appeal.
Motion to Reopen
If there are certain circumstances, new laws or facts the government or alien can file a motion to have the removal case reopened. Keep in mind you only have 90 days from the entry of the removal order to file the motion. The deadline can be extended in limited circumstances.
Motion to Reconsider
If the court made an error with respect to the facts or laws involved in your case you may file motion to reconsider the decision within 30 days of the final order. The deadline can be extended in limited circumstances. Absentia orders and asylum cases will not be able to extend the deadline.
The immigration process is complex and goes well beyond just filling out the proper forms. Immigration laws and rules are constantly changing and the adjudication process has become stricter, making it more frustrating for those who are trying to gain access to lawful status in the United States.