How Can I Appeal a Deportation Order?

You may have finally started to grow roots in the United States and make this a home for yourself and your family. So it is nothing less than devastating when you receive a deportation order. In a case like this, you cannot quietly leave the country, but rather lawfully fight for your rights through an appeal. Follow along to find out how to appeal a deportation order and how a proficient waivers of inadmissibility attorney in Wisconsin, at Sesini Law Group, S.C., can come to your defense.

What approach should I take to appeal a deportation order?

First of all, you may receive a deportation order from an immigration judge if they believe that you participated in criminal activities; you are a threat to public safety; or that you otherwise violated your visa.

However, before they order the United States Immigration and Customs Enforcement (ICE) and Enforcement and Removal Operations (ERO) to take you away, you must tell the judge that you reserve your right to appeal. From here, you must fill out Form EOIR-26, Notice of Appeal, which should entail the following contents:

  • Your legal name.
  • Whether or not you are currently detained.
  • The city and state in which your last hearing took place.
  • The decision in which you are appealing.
  • A detailed explanation as to why you are appealing this decision.
  • Whether or not you desire an oral argument before the Board of Immigration Appeals.
  • Whether or not you intend to file a separate written statement after filing this form.
  • Your signature.
  • Your mailing address.
  • Your attorney’s mailing address.
  • Your proof of service.

Importantly, you must send out this form as soon as possible, as the Board of Immigration Appeals must receive it within 30 days of the immigration judge’s decision. Otherwise, the judge’s decision becomes final and you will ultimately be removed from the country. It is also worth mentioning that, alongside your form, you must attach a $110 check or money order payable to the United States Department of Justice.

How can an attorney come to my defense?

There is not a conceivable instance in which legal advisement and representation during your appeals proceedings would be discouraged. Nonetheless, an attorney may support you in the following ways:

  • An attorney may understand the best way to fill out Form EOIR-26, Notice of Appeal.
  • An attorney may understand the laws in your favor that can be referenced in your defense.
  • An attorney may understand how to negotiate with the immigration judge and other legal authorities.
  • An attorney may understand how your appeals proceedings may play out and how to properly prepare for it.

You must tackle your deportation appeal as soon as possible. So call a talented Milwaukee, WI removal and deportation defense lawyer from Sesini Law Group, S.C. today.

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