What you need to do
The Immigration Judge (IJ) may order removal (also known as “deportation”) at the end of proceedings after denying applications for relief. Common applications pending before the Executive Office for Immigration Review (EOIR) may include:
- Asylum, Withholding of Removal, and Protection under the Convention Against Torture) (the last of which may include deferral of removal only) (Form I-589)
- Cancellation of Removal for Legal Permanent Residents (those with green card status) (EOIR-42A)
- Cancellation of Removal for Certain Non-Legal Permanent Residents (EOIR-42B)
- Cancellation of Removal under the Violence Against Women’s Act
- Certain Adjustment of Status Cases
- Hearings on I-601A and/or I-212 Waivers
- Fraud Waiver in Removal Proceedings under Section 237(a)(1)(H)
The order of removal follows the IJ’s written or oral decision explaining why relief has been denied. One example is failure to prove a cognizable “particular social group” in asylum or failure to meet the “exceptional and extremely unusual hardship” standard required in cancellation.
Note: There is a difference between the order of removal and the IJ’s “Addendum of Law” that is a separate document stating general law, without the case’s facts. People often confuse the addendum of law for an “IJ Order” when it is not.
In Absentia Orders of Removal
Another way of being “removed” is by failing to be present in court. IJs issue many orders in absentia. Such orders range in time from the 1980s to the present. One way to find out if you have an outstanding removal order is to check the EOIR Portal for Automated Case Information (available also in Spanish). The bottom left box will show in which court the removal took place. It may be in a different state.
Following Detention for Crime
After serving time for a criminal offense, undocumented individuals or legal permanent residents may be detained by U.S. Immigration and Customs Enforcement (ICE). A hearing for bond should follow in which your immigration attorney can represent the “equities” weighing in favor of your release (following payment of an agreed-upon bond).
La Migra 