Can Someone Appeal An Immigration Decision While Being Deported?
Yes, a person can appeal an immigration decision while being deported, although “being deported” can mean two different things. On the one hand, it could mean that a person is actually being detained and ICE (which stands for Immigration and Customs Enforcement which is a branch of the Department of Homeland Security) is ready to put them on the plane for deportation. On the other hand, it could mean that someone received a deportation order but they are not detained, they are free to leave the courtroom and they are supposed to depart the US due to having a deportation order. In either scenario, the person could appeal the immigration decision if they are still within the 30-day time period from the day their case was denied.
Does Someone Have Any Recourse If They Have Already Been Deported?
The timeframe for appeals is 30 days. If someone is facing imminent deportation after his or her case was denied, then a smart attorney would file a motion to stay deportation and would attach information about the appeal that is ready to be filed. It rarely happens that somebody is deported before they have a chance to appeal their case. It happens, but it is rare. When it happens, it is usually due to a very serious criminal conviction that an individual has.
If somebody is already in their home country and they want to appeal the denial of their case after they are deported, then they are able to as long as they are within that 30-day timeframe.
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