At a glance
- The type of order matters: in absentia, after a hearing, an old order or a reinstated order each has different options.
- You can check a case on EOIR's online portal or by phone at 1-800-898-7180 using your A-number.
- An in absentia order may be reopened within 180 days for exceptional circumstances, or at any time for lack of notice.
- Most motions do not stop removal on their own. A stay of removal is a separate request.
What a Deportation Order Is, and What It Is Not
A deportation order, officially called an order of removal, is a decision that a person must leave the United States. In most cases an immigration judge issues it at the end of a case in immigration court. The immigration courts and the Board of Immigration Appeals (BIA) are part of the Executive Office for Immigration Review (EOIR), inside the Department of Justice.
An order becomes final at a specific moment: when the BIA dismisses an appeal, when the person waives appeal, or when the time to appeal runs out. An order issued because the person missed court, called an in absentia order, is final right away. Most deadlines are counted from the date of the order, not the date you found out about it.
A removal order is not a criminal arrest warrant. To carry out a final order, Immigration and Customs Enforcement (ICE) uses a Warrant of Removal (Form I-205). Immigration officials sign that document, not a judge.
First, Find Out What Kind of Order You Have
The options that may exist depend on the type of order, who issued it and when. People usually confirm the details in these ways:
- EOIR's Automated Case Information portal at acis.eoir.justice.gov. You need your A-number (the 8 or 9 digit number on your immigration papers) and your country of nationality.
- EOIR's automated phone line at 1-800-898-7180, which also uses the A-number.
- The record of proceedings, which is the court's file. A party or their lawyer can request it from the immigration court or the BIA. EOIR also accepts Freedom of Information Act (FOIA) requests.
EOIR notes that the online tool is for convenience only; the decisions actually issued are the official record.
| Type of order | What it usually means | Options that may exist |
|---|---|---|
| In absentia order | The judge ordered removal because the person missed a hearing | A motion to reopen asking to cancel (rescind) the order |
| Final order after a hearing | The judge decided the case with the person present | A BIA appeal, a motion to reconsider or reopen, then federal court review |
| Old order discovered later | An order from years ago, sometimes one the person never knew about | Depends on why it was issued and what changed since |
| Reinstated prior order | ICE reuses an earlier order after a return without permission | Limited; a fear screening may be available |
| Expedited removal order | An immigration officer, not a judge, ordered removal in a fast process | Very limited; depends on the facts |
If You Were Ordered Removed in Absentia
"In absentia" means "in your absence." The law allows a judge to order removal when a person misses a hearing after proper written notice. It also offers a way to undo that order: a motion to reopen filed with the immigration court.
- Exceptional circumstances: 180 days. If the hearing was missed because of exceptional circumstances beyond the person's control, the motion is generally due within 180 days of the order. The law gives examples such as serious illness of the person, serious illness or death of a spouse, child or parent, and battery or extreme cruelty. Less compelling reasons usually do not qualify.
- No proper notice, or in custody: any time. If the person did not receive proper notice, or was in federal or state custody through no fault of their own, the motion can be filed at any time.
Filing this kind of motion automatically pauses removal while the immigration judge decides it. Generally, only one such motion is allowed. The BIA does not hear a direct appeal of an in absentia order, so the motion is the usual first step.
Notice questions often turn on addresses. People with a court case must report address changes to the court on Form EOIR-33. If the court never had a current address, the law may not require written notice of a new hearing date.
If the Judge Ordered Removal After a Hearing
Appeal to the Board of Immigration Appeals
An appeal asks the BIA to review the judge's decision. It is filed on Form EOIR-26 within 30 calendar days of the decision. A February 2026 rule tried to cut that deadline to 10 days for most cases. A federal court set that change aside in March 2026, and EOIR confirmed the 30-day deadline. The litigation is ongoing, so the deadline in any given case should be confirmed right away.
While a timely appeal is pending, removal is generally paused. As of October 1, 2026, EOIR lists the appeal fee as $1,060.
Motion to Reconsider or Motion to Reopen
- A motion to reconsider argues that the judge or the BIA made a legal or factual error based on the existing record. It is generally due within 30 days of the final order.
- A motion to reopen asks to consider new facts or evidence that were not available before. It is generally due within 90 days of the final order.
Generally, each may be filed only once. There are exceptions, for example asylum claims based on changed conditions in the home country, certain cases involving survivors of domestic violence, and motions both sides agree to file together (joint motions). A judge or the BIA can also reopen a case on its own authority, though that is uncommon.
These motions do not stop removal on their own, so a separate request for a stay is often needed. EOIR's rules also treat leaving the United States as affecting a pending motion, so travel should be discussed with a lawyer first. As of October 1, 2026, EOIR lists the fee for most of these motions at $1,095 before an immigration judge and $1,060 before the BIA. A July 2025 federal law (H.R. 1) created these higher fees and limited some fee exceptions.
Petition for Review in Federal Court
After the BIA decides, a person may ask a federal court of appeals to review the final order. The petition for review must be filed within 30 days of the final order. It goes to the court of appeals for the area where the immigration judge completed the case. For cases completed in Virginia, that is the U.S. Court of Appeals for the Fourth Circuit in Richmond, which also covers Maryland, West Virginia, North Carolina and South Carolina.
Filing a petition for review does not stop removal by itself; the court has to grant a stay. A motion filed with the immigration court or the BIA generally does not pause the 30-day clock for federal court.
Old Orders and Reinstated Orders
An order you did not know about
Many people learn about an old order years later, for example at a USCIS appointment or a traffic stop. A removal order does not expire with time.
What can be done depends on why the order was issued. A claim that notice was never received can be raised at any time. Someone who later became eligible for a green card may also have options, but often only after the old order is addressed. If you married a U.S. citizen and then discovered an order, our page on marriage to a U.S. citizen explains the general process.
It is important to get advice before traveling. Under immigration law, a person with a removal order who leaves the United States is generally treated as having been deported. That can create bars to returning, and coming back usually requires permission on Form I-212, among other steps.
Reinstatement of a prior order
If a person returns without permission after removal, or after leaving under an order, ICE can reinstate the earlier order. There is no new hearing before a judge, though the person may give a statement contesting the decision. A person who says they fear returning must be referred to an asylum officer for a reasonable fear interview, which can lead to limited forms of protection.
Stays of Removal: Asking for More Time
A stay of removal is a temporary pause that stops ICE from carrying out an order. A stay can come from several places:
- Automatically, while a timely BIA appeal is pending or while a judge decides a motion to reopen an in absentia order.
- From the immigration judge or the BIA, usually requested with a motion. A motion that asks only for a stay has no EOIR fee. The BIA has an emergency stay process for removal that is about to happen.
- From ICE, on Form I-246, Application for a Stay of Deportation or Removal. It is filed in person at the local ICE Enforcement and Removal Operations (ERO) field office. ICE decides it in its discretion, a denial cannot be appealed, and a pending application does not stop removal.
- From the federal court of appeals, while a petition for review is pending.
Stays are temporary and can be revoked.
ICE Check-Ins and "Bag and Baggage" Letters
People with a final order who are not detained are often released under an Order of Supervision (Form I-220B). Common conditions include reporting to ICE in person on set dates, reporting any change of address 48 hours in advance, getting approval before certain travel, and sometimes electronic monitoring. People call these appointments check-ins. ICE can also detain someone at a check-in to carry out the order, so many people review their options with a lawyer beforehand.
A "bag and baggage" letter is the common name for an ICE notice telling a person with a final order to report on a set date, ready to be removed. The Notice to Appear itself warns that a person under a final order must surrender for removal when required. Not surrendering can make a person ineligible for many forms of discretionary relief while they remain in the country and for 10 years after leaving, and can lead to criminal charges. DHS can also impose civil fines on people who willfully fail to depart after a final order; a final rule on how those fines are issued took effect October 14, 2026.
A few general points apply in every case:
- Keep copies of every notice, order and receipt.
- Do not sign papers you do not understand.
- A person in ICE custody can ask to speak with a lawyer. If a relative is detained, see our page on a family member detained by ICE.
- Beware of notario fraud. In the United States, only a licensed attorney or an accredited representative of a recognized organization can give immigration legal advice; a notario público cannot.
How First Point Can Help
Our immigration team, Katherine Martell and Khadija N. Khan, can review your order and court record, identify which deadlines may apply and explain the options that may be available. We prepare motions, appeals and stay requests, and we represent people held in ICE detention and handle bond hearings. Immigration law is federal, so we help clients in Virginia, in other states and abroad. Much of the work can be done by phone and email.
If you also have a hearing coming up, see our page on immigration court hearings, or read about our immigration law services.
What to Bring to a Consultation
- The removal order and any decisions from the immigration judge or the BIA
- Your Notice to Appear and every hearing notice you received
- Your A-number and any ICE papers, such as an Order of Supervision, check-in records or letters
- Proof of where you lived since the case began, if notice may be an issue
- Records explaining a missed hearing, such as medical records
- Passports, IDs, and any immigration applications you or a relative filed
- Court records for any arrest or criminal case, and birth or marriage certificates for close relatives with status
Your immigration team
-
Katherine Martell Managing Partner -
Khadija N. Khan Attorney
Frequently Asked Questions
Is a deportation order like a warrant?
Not exactly. A deportation order is a decision, usually by an immigration judge, that a person must leave the country. To carry it out, ICE uses a Warrant of Removal (Form I-205), which immigration officials sign, not a judge. It is different from a criminal arrest warrant issued by a court.
Can someone be deported without a deportation order from a judge?
In some situations, yes. Under expedited removal, an immigration officer can order removal without a court hearing. In 2025 DHS expanded it to some people anywhere in the country who cannot show two years of presence, and in June 2026 a federal appeals court lifted an order that had paused that expansion. ICE can also reinstate an earlier order without a new hearing.
Can a green card holder get a deportation order?
Yes. A permanent resident can be placed in removal proceedings for certain reasons, such as some criminal convictions or fraud, and usually has a hearing before an immigration judge first. Permanent resident status ends when a removal order becomes final. Whether a defense or relief exists depends on the person's history.
How long does a deportation case take?
There is no single timeline. It depends on the type of case, the court or agency involved, whether the person is detained, and which motions or appeals are filed. Deadlines, on the other hand, are short and fixed, so the timing of the first step often matters most.
How much does a deportation lawyer cost?
Cost depends on the work involved: reviewing the court record, preparing a motion or appeal, federal court work, or detention issues. Government filing fees are separate; as of October 1, 2026, EOIR lists $1,060 for a BIA appeal and $1,095 for most motions to reopen before an immigration judge. Our firm explains its fees before you decide.
Can I get a free immigration lawyer?
People in immigration court have the right to a lawyer, but not one paid for by the government. EOIR publishes a List of Pro Bono Legal Service Providers organized by court. Nonprofit organizations and accredited representatives of recognized organizations may also help.
How can I tell if an immigration lawyer is legitimate?
Check that the lawyer is licensed with a U.S. state bar, and look at EOIR's List of Currently Disciplined Practitioners. A notario cannot give immigration legal advice. A careful lawyer explains your options, deadlines and risks, and puts the fee agreement in writing.