For individuals facing deportation, receiving a removal order is one of the most stressful and uncertain moments of their lives. A deportation order, officially referred to as an order of removal, is issued by an immigration judge and directs the Department of Homeland Security to remove the individual from the United States. Many people mistakenly believe that once an order is issued, there is no further recourse. Fortunately, that is not always the case.
There are several types of removal orders. Some are issued after a full hearing before an immigration judge, while others may be issued in a person’s absence if they failed to appear in court. In some instances, a person may accept voluntary departure to avoid formal removal proceedings, but even this decision has long-term consequences. Understanding the type of order involved is critical, as it determines what options may be available to challenge it.
In 2025, under current enforcement policies, individuals are being placed in removal proceedings at a faster rate, and ICE is executing deportation orders more aggressively. This makes it especially important for individuals with orders against them to seek legal advice quickly. Time is often the most valuable resource when it comes to defending against removal.
Legal Strategies to Fight or Reverse a Removal Order
Just because a deportation order has been issued does not mean it cannot be challenged or overturned. U.S. immigration law provides several legal tools that, when used correctly, can stop removal, reopen a case, or reverse a judge’s decision. The right strategy depends on the facts of each case, including the timing, the reason for the order, and whether any legal errors or new evidence are present.
- Motion to Reopen: This option is used when new facts or evidence come to light that were not available during the original hearing. For example, if a person has become eligible for a new form of relief or there is new evidence showing they should not be deported, they may ask the court to reopen the case. In some cases, individuals can also file a motion to reopen based on ineffective assistance of counsel.
- Motion to Reconsider: This type of motion asks the judge to review their decision based on legal errors. The person must argue that the judge misapplied the law or failed to consider important legal arguments. Motions to reconsider must be filed within 30 days of the original decision, so it is essential to act quickly.
- Appeal to the Board of Immigration Appeals (BIA): If a person believes the immigration judge made the wrong decision, they can file an appeal with the BIA. The BIA will review the case for legal and procedural issues and may overturn or modify the judge’s decision. If the appeal is successful, the case may be sent back to the judge for a new hearing.
- Stay of Removal: When deportation is scheduled to occur soon, a stay of removal can be requested to delay enforcement. A stay gives the individual time to pursue other legal remedies. Some stays are automatic when appeals are pending, while others must be requested through a separate filing.
- Deferred Action or Prosecutorial Discretion: While less common under current enforcement policies, immigration authorities still have the power to delay or suspend removal for humanitarian or practical reasons. This could apply to individuals with serious medical conditions, caregivers of U.S. citizens, or other compelling circumstances.
These options require strong legal arguments and detailed documentation. Mistakes in the process can lead to denial, so professional legal guidance is critical. A person should never assume they are out of options until their case has been thoroughly reviewed by a qualified attorney.
Special Considerations for In Absentia Deportation Orders
Thousands of deportation orders each year are issued “in absentia,” meaning the person did not appear for their scheduled court hearing. In these cases, the court proceeds without the person present and often orders removal based on the available evidence. This can happen for many reasons, including failure to receive the hearing notice, changes in address, or confusion about hearing dates.
If a person was ordered deported in absentia, they still may have a chance to reopen the case. To do so, they must typically show that they did not receive proper notice of the hearing or had a valid reason for not attending. In some cases, individuals have reopened their cases even years after the order was issued, especially if they can prove government error or ineffective legal representation.
The current political climate makes these types of cases more urgent. ICE is prioritizing the enforcement of older orders and is actively searching for individuals who may not even know they were ordered removed. If there is any uncertainty about your immigration status or whether an order exists, you should seek legal help immediately to check your court history and identify your options.
How Our Firm Helps Clients Fight Deportation Orders
At Pachuta and Kammerman, our immigration attorneys focus on defending individuals and families from removal and providing strategic, effective solutions for complex deportation cases. We handle everything from emergency stays to full appeals, and we offer honest assessments of what legal remedies may be available.
Our team can help by analyzing the complete history of your immigration case, including court records, prior filings, and any new developments. We can also evaluate whether a motion to reopen, an appeal, or another remedy is possible. If your case was mishandled by a previous attorney or if you missed court due to circumstances beyond your control, we will help build a detailed motion to correct the record and seek a fair outcome.
We also represent clients currently detained or under imminent threat of removal. In those situations, we act quickly to file emergency stays, seek bond hearings, and request legal relief before deportation can occur. Every day matters when someone is facing enforcement, and our firm is prepared to act without delay.
Contact Pachuta and Kammerman Today for Legal Support
If you have a family member who is facing removal, we can also assist you in gathering documentation, identifying humanitarian grounds for relief, and filing any relevant petitions that may help their case. Our goal is to use every available legal tool to protect your status and keep families together in the United States.
Contact us today to schedule a consultation. Whether you were recently ordered removed or have lived for years with a deportation order hanging over your life, we are ready to help you fight for your right to remain in this country.
