Removal of Deportation Orders

What is "Removal of Deportation Orders"?

Legally speaking, removal of deportation orders generally refers to:canceling, reopening, or terminating an existing Removal Order / Deportation Order.

Common legal motions in English include:

• Motion to Reopen

• Motion to Reconsider

• Motion to Rescind (in absentia removal order)

• Termination of Removal Proceedings

Ⅱ. Who is eligible to remove a deportation order?

1. Those with in absentia removal orders (most common)

What is an in absentia removal order?

• You never received the hearing notice

• Your address was not updated in the system

• You were unaware of the court date

The judge issues a removal order in absentia (without your appearance).

This group has a relatively high success rate, because the law recognizes:“You were not given a fair opportunity to appear in court.”

Common applicants:

• Those who entered without inspection or overstayed a B visa and lost contact

• Moved multiple times, notices sent to wrong address

• Can prove absence was unintentional, not a deliberate failure to appear

2. Those with material changes in circumstances or law

Examples:

• Previously ineligible for asylum → deteriorated conditions in home country

• Persecution not previously recognized → confirmed by new precedents

• Insufficient evidence before → new evidence now available

May file a Motion to Reopen based on changed circumstances.

3. Those affected by procedural errors or serious attorney malpractice

Examples:

• Attorney failed to submit key evidence

• Attorney failed to notify you of court dates

• Clear misapplication of law

May apply based on Ineffective Assistance of Counsel.This path has very high evidence requirements and strict procedures.

4. Those who newly qualify for legal status

Examples:

• Married a U.S. citizen

• Granted eligibility for U visa, T visa, SIJS, or VAWA

• Met conditions for asylum, withholding of removal, or CAT protection

The court or USCIS may:

• Terminate removal proceedings

• or vacate the original removal order

5. Humanitarian or policy-based categories

Examples:

• Long-term residence with U.S. citizen children

• Military family members

• Cases eligible under temporary policy windows

These depend heavily on policy and may be restricted or eliminated over time.

Ⅲ. Removing a deportation order ≠ granting legal status

Removing a deportation order only lifts the “must be removed immediately” status — it does not automatically grant you legal status.

After removal, you may be in one of three statuses:

• Case reopened → returned to removal proceedings

• Proceedings terminated → jurisdiction returns to USCIS

• Granted other relief → status adjusted

Ⅳ. Does it protect you from ICE arrest?

It is NOT an “arrest-proof license.”

• ICE still retains enforcement authority

• Those with adverse records remain in the system

However, it significantly lowers enforcement priority:

• You are no longer under a Final Order of Removal

• ICE enforcement priority drops sharply

• You are in active legal proceedings and cannot be “removed immediately”

Ⅴ. How to apply?

1. Establish legal groundsWhy did you miss court?New evidence you would face harm if removed?Newly eligible for legal status?Procedural errors?You must prepare solid evidence.

2. Prepare the legal motionLegal basisSworn declarationEvidenceLegal citations

   Our attorneys prepare customized strategies, not templates.

3. File with the correct agency

   • Immigration Court (EOIR)

   • or BIA (Board of Immigration Appeals)

   • Rarely, USCIS

4. Await decisionTimeline: several months to yearsMay apply for a Stay of Removal during the process.