Deportation Order, issued by the United States Department of Homeland Security (DHS) or Immigration Court, is a “nightmare” for every immigrant applicant. It means that the person is at risk of being arrested and deported by the U.S. Immigration and Customs Enforcement (ICE) at any time. Some individuals, due to errors by their previous lawyers, may not even be aware of whether they have a Deportation Order, having lived in the United States for decades until they are detained or attempt to adjust their status and realize the seriousness of the issue. Is there a chance for a Deportation Order to be revoked?
Immigration law expert lawyer Susan Qin recently provided a detailed analysis of the types of Deportation Orders, their impacts, possible legal remedies, and shared how she has successfully helped individuals in canceling Deportation Orders.
Shortly after taking office on January 20, President Trump signed executive orders aimed at securing the U.S. borders, combating the “invasion” of illegal immigrants, and expanding the scope of expedited deportations. His Homeland Security team swiftly launched large-scale rapid deportation operations, with ICE enforcement officers intensifying their efforts to apprehend illegal immigrants with criminal records, making individuals with Deportation Orders a prime target for removal by the current government.
According to the latest immigration court data for 2025 provided by the technology non-profit organization Mobile Pathways, between 2000 and 2024, 254,180 individuals residing in New York State received Deportation Orders, with as many as 28,242 being Chinese citizens. Therefore, knowing how to respond and seek legal assistance is crucial for immigrants facing Deportation Orders.
Deportation Orders can be classified into different types, including those directly issued by the DHS at airports or border ports when immigration officials suspect immigration tendencies or inaccurate information provided upon entry, leading to immediate deportation and at least a five-year entry ban. Another type involves Deportation Orders issued by immigration judges under circumstances such as In Absentia Orders when the individual fails to attend a hearing, failure to submit documents on time leading to contempt of court, or losing a case after the hearing due to credibility issues or insufficient evidence.
Lawyer Qin shared a case of an individual who received a Deportation Order in 2016 without being aware of it until years later, highlighting the consequences of a chain of legal mishaps that led to the perilous situation of the individual. The individual had hired a intermediary company that eventually assigned the case to different lawyers, resulting in confusion and missed deadlines, ultimately leading to the issuance of the Deportation Order.
“It wasn’t until after several years, when the individual finally sought legal assistance from another law firm, that he discovered the Deportation Order. However, this subsequent law firm did not handle the case effectively, leading him to our law firm,” Qin recalled. After meticulously reviewing the case records and identifying the type of Deportation Order, Qin collected sufficient evidence to prove that the individual had not received proper legal notice. Following the submission of detailed legal documents, Qin successfully had the Deportation Order revoked, allowing the individual to restart the immigration process.
In general, if one loses a case in immigration court, an immigration appeal can be filed within 30 days; if no appeal is made, the Deportation Order takes effect from the day of the court’s decision. Additionally, a motion to reopen the immigration court case can be filed within 90 days, potentially leading to the cancellation of the Deportation Order.
Many immigrants wonder if there is a chance to revoke a Deportation Order that has been in effect for several years. Qin mentioned that though it is more challenging to revoke Deportation Orders that have been in effect for over 10 or 20 years, legal procedures can still be pursued to seek assistance.
Qin listed examples where proving lack of court notification or legitimate reasons for absence (such as health issues or lawyer malpractice) could lead to applications for revocation. Additionally, joint case filing with government lawyers from the ICE department to request the cancellation of the Deportation Order is possible but requires experienced lawyers to provide reasonable evidence to convince the prosecution. Unlike appeals or motions, the 212 waiver, stating extreme hardship that the relative would face after deportation, can also be applied for Deportation Order cancellation without specific time limits for submission, thereby improving success rates even for old cases.
Facing the risk of a Deportation Order, Qin advises immigrants to:
1. Adhere to court rules by submitting all legal documents on time to ensure compliance with court requirements.
2. Hire professional lawyers: Choose reliable and experienced immigration lawyers rather than unreliable intermediary organizations to prevent the case from being affected by legal malpractice.
3. Stay informed about the case status: Immigrants should actively stay updated on the latest developments of their cases to avoid unintentionally receiving a Deportation Order due to absent hearings or missed documents.
Qin Susan Law Firm is a comprehensive immigration law firm providing expert guidance and representation in all aspects of immigration law to individuals and businesses. With a team of experienced immigration lawyers dedicated to helping clients navigate the complex immigration system and achieve their goals, including work visas, green cards, citizenships, and more, the firm’s senior immigration experts handle the cases personally, boasting 40 years of successful case handling.
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