How to Appeal a Deportation Order
A deportation order from an immigration judge is not necessarily the end of your case. You have the right to appeal to the Board of Immigration Appeals (BIA), and if the BIA denies you, to petition the federal courts. Deadlines are strict — typically 30 days from the order.
Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536
Last reviewed: July 2, 2026
When an immigration judge issues a removal order, either party — you or the government — can appeal to the Board of Immigration Appeals (BIA) within 30 days. The BIA is the administrative appellate body for immigration cases. It reviews the record and the immigration judge's legal reasoning but does not hold a new hearing in most cases.
The BIA can affirm the immigration judge's decision, reverse it, or remand (send back) the case to the immigration court for further proceedings. If the BIA affirms the removal order, you can file a Petition for Review with the US Court of Appeals for the Ninth Circuit (for California-based cases). This is a federal court proceeding.
While an appeal is pending, you may be able to request a stay of removal — an order that temporarily prevents ICE from carrying out the deportation while the case is being reviewed. Stays are not automatic and must be requested. An attorney must move quickly to protect your client from deportation while the appeal is pending.
You should also know about motions to reopen. If new evidence has emerged since the original hearing, or if you were not represented by an attorney at trial, a motion to reopen the immigration court proceedings may be appropriate. Call (310) 554-4630 immediately after a removal order — time is of the essence.
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Also available in Spanish: Cómo Apelar una Orden de Deportación