What is the process for legal immigrants to appeal an ICE deportation order?

1. What every immigrant should hear first: The 30‑day rule and the appeal ladder

The most consistent claim across materials is that an appeal from an immigration judge’s final order must generally be filed with the Board of Immigration Appeals within 30 days of the judge’s decision, with a 33‑day window when the decision was mailed. Filing the Notice of Appeal uses Form EOIR‑26 and often requires a legal brief later; if received timely, the filing typically stays removal while the BIA considers the appeal, though procedural nuances can vary by case. These procedural essentials are spelled out in recent practitioner guides and court‑oriented primers and underpin almost all appellate strategies because a timely EOIR appeal preserves the mainstream appellate route to the BIA and, later, to federal court if needed. ^{[1] [2] [4]}

2. The forms and fees that stop or start a deportation clock

Guides and practice advisories emphasize that correct forms and fees matter: appeals to the BIA commonly use EOIR‑26 with a filing fee (recent guides cite $1,010 unless a fee waiver is granted) and must include accurate personal data and grounds for appeal. Alternative filings include Form I‑290B for certain USCIS appeals or motions to reopen and reconcile different filing requirements; wrong forms or unsigned pages can lead to rejection, which can be fatal to timeliness. The procedural checklists in the sources show a practical split: some filings automatically stay removal if timely, while others—especially certain motions or filings after expedited removal—do not, requiring separate stays or immediate emergency relief through a motion to stay or federal petition. ^{[2] [5] [4]}

3. Motions to reopen: the narrow second chance and its exceptions

Practice advisories and nonprofit guides converge on the point that a Motion to Reopen gives respondents a constrained, often last‑resort avenue to bring new facts or changed country conditions to the court’s attention. Generally one motion is allowed and it must be filed within 90 days of the final order unless an exception applies; common exceptions include changed country conditions, ineffective assistance of counsel, or newly available evidence. The motion requires affidavits and evidentiary material and can invoke equitable tolling in some circuits when counsel was ineffective. Filing a motion to reopen typically does not automatically stay removal unless accompanied by a motion to stay or other relief, so timing and supporting evidence are critical. ^{[3] [6] [7]}

4. When there is no BIA appeal: expedited removal and in‑absentia traps

Multiple sources flag that not all deportation orders are appealable to the BIA: expedited removal orders usually cannot be appealed to the BIA and instead may be challenged in federal court or through administrative reopening in narrow circumstances; in‑absentia orders likewise have distinct rules—no direct appeal but a potential motion to reopen if the absence was excusable. This creates significant divergence in remedies depending on the procedural posture of removal. Practitioners warn that the wrong assumption about appealability can waste time and lose substantive rights, so confirming the type of removal order and the appropriate procedural remedy is an urgent, case‑specific threshold. ^{[1] [6]}

5. Federal court review and prosecutorial discretion: alternative lanes to relief

Sources describe two alternative trajectories when BIA relief is limited or exhausted: federal habeas/court of appeals petitions and requests for prosecutorial discretion or stays pending relief. Federal court challenges are often available after administrative remedies are exhausted or when jurisdictional limits apply, but they follow different standards, timing, and potential for injunctions. Prosecutorial discretion requests or humanitarian stays can sometimes pause removal while awaiting adjudication but are discretionary agency actions rather than judicial rights. The materials stress the strategic interplay: choosing BIA appeal vs. motion to reopen vs. immediate federal petition hinges on procedural posture, relief sought, and whether an automatic stay will prevent deportation during litigation. ^{[8] [4] [3]}

6. Bottom line—what the extracted evidence demands you do now

The documents collectively demand immediate, procedural triage: identify the type of removal order, calculate the applicable deadline (30 days for most BIA appeals, 90 days for many motions to reopen), select the correct form (EOIR‑26, I‑290B, or a motion), and submit fee or fee‑waiver paperwork correctly; otherwise relief may be lost. All sources recommend prompt legal counsel because subtle differences in the record, counsel effectiveness, and circuit law materially affect reopenings, stays, and federal relief. The guides and advisories uniformly present this as a high‑stakes, technical process where timing, paperwork, and strategy determine whether an appeal or reopening succeeds. ^{[1] [2] [3]}