Stopping the Clock: Cancelling Your Deportation Order
Facing Deportation? Here's What You Can Do Right Now
To cancel a deportation order, you must take immediate legal action through one of several pathways available under U.S. immigration law. Here are your main options:
Primary Methods to Stop Deportation:
Cancellation of Removal - Apply if you meet strict residency and character requirements.
Motion to Reopen/Reconsider - Present new evidence or challenge legal errors (strict deadlines apply).
Stay of Removal - Request a temporary halt to buy time for other legal options.
Asylum/Withholding of Removal - Prove fear of persecution in your home country.
Adjustment of Status - Qualify for a green card through family or employment.
Special Visas - Apply for VAWA, U visa, or T visa if you're a victim of abuse or crime.
Time is critical. Most immigration appeals and motions have strict deadlines, often between 30-90 days.
Facing a removal order is a terrifying experience for any family, threatening to tear you away from the life you've built. However, a removal order is not the end of the road. U.S. immigration law provides multiple legal pathways to fight deportation and potentially cancel a deportation order. The key is to understand which options apply to your situation and act quickly.
The process is complex, and the government has experienced attorneys working to enforce removal orders. Having a solid legal strategy, backed by an expert who knows the system, can make all the difference between staying with your family or being forced to leave.
This guide will walk you through the most powerful legal tools available to stop or cancel a deportation order, from Cancellation of Removal to emergency stays, so you can understand your options and take action.
Understanding Your Removal Order
When people say "deportation," they are usually referring to what is now officially called "removal proceedings" under U.S. immigration law. A removal order is a final, legally binding decision by an Immigration Judge or the Board of Immigration Appeals (BIA) stating that a non-citizen must leave the United States.
The process typically begins with a Notice to Appear (NTA), a document that summons you to immigration court. The NTA outlines the government's allegations and the legal grounds for your removal. It is critical to respond strategically.
Once a removal order is issued, it carries severe consequences. The most immediate is a re-entry bar, prohibiting you from returning to the U.S. for 5, 10, 20 years, or even permanently. The length of the ban depends on your specific case and any prior immigration violations.
Furthermore, returning to the U.S. without permission after being removed is a federal crime that can lead to prison time. A removal order on your record also makes any future immigration applications exponentially more difficult, requiring complex waivers and facing intense scrutiny.
Voluntary Departure vs. Removal Order
In removal proceedings, you may be offered "voluntary departure." This is a critical choice that significantly impacts your ability to return to the U.S. legally.
Voluntary Departure
You agree to leave the U.S. at your own expense by a court-ordered date.
Benefit: Successfully completing it avoids the formal re-entry bars of a removal order, keeping your immigration record cleaner for future applications.
Risk: If you fail to depart on time, it automatically becomes a formal removal order with a 10-year bar and a civil penalty of thousands of dollars.
Enforced Removal (Deportation)
ICE physically removes you from the country.
Consequence: This results in a mandatory 5, 10, 20-year, or permanent bar to re-entering the U.S.
Impact: An enforced removal creates major obstacles for any future immigration applications, which will require complex waivers and face a much higher burden of proof.
An experienced immigration attorney can help you weigh the risks and benefits of each option to determine the best path forward for your specific situation.
How to Cancel a Deportation Order with Cancellation of Removal
One of the most powerful legal defenses against deportation is Cancellation of Removal. Outlined in 8 U.S.C. § 1229b, this form of relief can stop your removal and provide a path to a green card. However, it is discretionary, meaning an Immigration Judge has the final say even if you meet all the technical requirements.
The process is divided into two paths, depending on whether you are a lawful permanent resident (green card holder).
Cancellation for Lawful Permanent Residents (LPRs)
If you are a green card holder facing removal, you may be able to cancel a deportation order by meeting four strict requirements:
You have been an LPR for at least five years.
You have resided continuously in the U.S. for at least seven years after being admitted in any status.
You have not been convicted of an aggravated felony.
The judge determines that you deserve a favorable exercise of discretion.
For the final point, the judge will weigh positive factors (family ties, community contributions, hardship to your family) against negative factors (criminal history, immigration violations). An attorney can help present your case in the most favorable light.
Cancellation for Non-Permanent Residents
If you do not have a green card, the requirements are different and, in some ways, more challenging. You must prove the following:
You have maintained ten years of continuous physical presence in the U.S.
You have been a person of good moral character during that period.
You have not been convicted of certain disqualifying criminal offenses.
Your removal would cause "exceptional and extremely unusual hardship" to your U.S. citizen or LPR spouse, parent, or child.
This hardship standard is the highest in immigration law, requiring proof of suffering that goes far beyond the normal pain of family separation. This often involves situations like a qualifying relative's serious medical condition or other extraordinary circumstances. You will need substantial evidence, such as medical records, psychological evaluations, and financial documents, to build a successful case.
For the technical details, you can review the official statute on Cancellation of removal; adjustment of status. Our Removal Defense team can help you determine if you qualify and build the strongest possible case.
Other Powerful Tools to Stop Deportation
Beyond Cancellation of Removal, several other tools can be used to fight and potentially cancel a deportation order. These include motions, stays, and requests for prosecutorial discretion. Each serves a different purpose, from buying time to closing your case entirely. Knowing which tool to use and when is key to a successful defense.
Filing a Motion to Reopen or Reconsider
If an Immigration Judge has already ordered you removed, you may be able to challenge the decision with one of two motions:
A Motion to Reopen asks the court to review your case based on new evidence or changed circumstances that were not available at your original hearing. You generally have 90 days from the final order to file this motion.
A Motion to Reconsider argues that the judge made a legal or factual error based on the evidence that was presented. The deadline for this motion is even shorter, typically just 30 days from the decision.
These motions require precise legal arguments and a thorough understanding of your case and the law.
Seeking a Stay of Removal
A Stay of Removal is a temporary halt to your deportation. While not a permanent solution, it is a crucial lifeline that provides time to pursue other legal options. A stay can be requested in several ways:
By filing Form I-246 with ICE, asking them to use their discretion to delay your removal.
By requesting a stay from the Board of Immigration Appeals (BIA) or a federal court while your case is on appeal.
To obtain a stay from the BIA or a federal court, you must typically show that your removal would cause irreparable harm—harm that cannot be undone, such as separation from a critically ill family member. A stay provides a vital reprieve while we work on a permanent solution. If you or a loved one is in detention, visit our page on ICE Detention Release for more information.
Requesting Prosecutorial Discretion (PD)
Prosecutorial Discretion (PD) is the authority of the Department of Homeland Security (DHS) to decide which cases to pursue. We can ask the ICE attorney to de-prioritize or even close your case by highlighting positive factors like your strong family and community ties, lack of a serious criminal record, and other humanitarian considerations.
A favorable exercise of PD can lead to:
Administrative Closure: Your case is temporarily removed from the court's active calendar, which may allow you to apply for other immigration benefits.
Termination: ICE agrees to end your removal proceedings entirely, effectively canceling the deportation order. This may happen if you become eligible for a green card or if the government decides your removal is not in the public interest.
Alternative Relief That Can Stop Removal
Sometimes, the best way to cancel a deportation order is to qualify for a different immigration status. A successful application for certain types of relief can lead to the termination of your removal proceedings, allowing you to remain in the U.S. legally. These alternative paths offer real opportunities for those who have built lives and connections in the United States.
Adjustment of Status to Lawful Permanent Resident
Becoming a green card holder while in removal proceedings is a direct way to stop deportation. This process, known as Adjustment of Status, can terminate your removal case if you are eligible. Common paths include family-based petitions from a U.S. citizen or LPR relative or employment-based petitions from a sponsoring employer. To qualify, you must be "admissible" to the U.S., which means you do not have disqualifying criminal or immigration violations. Our firm can analyze your history to see if this path is available. For more details, see our page on Green Card and Deportation.
Asylum, Withholding of Removal, and Convention Against Torture (CAT)
If you fear returning to your home country, you may be eligible for protection-based relief.
Asylum: Available if you have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. A grant of asylum stops deportation and provides a path to a green card.
Withholding of Removal: Requires a higher standard of proof (that persecution is "more likely than not"). It prevents deportation to your home country but does not lead to a green card.
Convention Against Torture (CAT): Protects you from being sent to a country where it is "more likely than not" you would be tortured. Like withholding, it stops removal but does not grant permanent status.
Special Visas for Victims (VAWA, U Visa, T Visa)
U.S. immigration law provides protection for victims of crime and abuse. These humanitarian visas can stop deportation and provide a path to legal status.
VAWA (Violence Against Women Act): Allows abused spouses, children, and parents of U.S. citizens or LPRs to self-petition for a green card without the abuser's involvement. This protection is available to victims of any gender.
U Visa: For victims of certain serious crimes who have suffered substantial harm and are helpful to law enforcement. An approved U visa grants temporary legal status and a path to a green card.
T Visa: For victims of human trafficking. It also provides temporary status and a path to permanent residency.
An approved petition for one of these special visas is a powerful defense against removal, offering a lifeline to victims.
Frequently Asked Questions about How to Cancel a Deportation Order
Facing deportation brings fear and confusion. Here are straightforward answers to the most common questions we hear about how to cancel a deportation order.
Can I come back to the U.S. after being deported?
Re-entering the U.S. after deportation is difficult but not impossible. You become "inadmissible" and must ask the government for permission to return. This typically requires filing Form I-212, Application for Permission to Reapply for Admission, which asks for a waiver of your removal. Depending on your case, you may also need Form I-601, Application for Waiver of Grounds of Inadmissibility.
The reason for your deportation is critical. Your chances are better if you were removed for a simple immigration violation versus a serious criminal offense. An attorney can help assess your realistic chances of success.
What crimes make it impossible to cancel my deportation order?
Certain criminal convictions can severely limit your options to cancel a deportation order. While there are always rare exceptions, the following are the most significant barriers:
Aggravated Felonies: This is a broad immigration term that includes many crimes, some of which may not be felonies under criminal law. A conviction for an aggravated felony makes you ineligible for most forms of relief, including Cancellation of Removal and asylum.
Crimes Involving Moral Turpitude (CIMTs): These are offenses involving fraud, theft, or other morally reprehensible conduct. Multiple CIMTs or a single one with a sentence of a year or more can make you deportable and limit your options.
Drug and Firearms Offenses: Nearly all convictions related to controlled substances (except a single offense for simple possession of 30g or less of marijuana) and firearms will make you deportable and ineligible for most relief.
The specific details of your conviction—the exact statute, the sentence, and the facts of the case—are crucial. For more information, see our article on What Crimes Are Eligible for Deportation for an Immigrant.
How long does the process to cancel a deportation order take?
The process to cancel a deportation order is a marathon, not a sprint. It can easily take several years from start to finish. The main reasons for this lengthy timeline include:
Immigration Court Backlogs: Courts nationwide are overwhelmed, leading to long waits between hearings.
Case Complexity: Gathering extensive evidence, hiring expert witnesses, and pursuing multiple forms of relief takes time.
Appeals: If a decision is appealed to the Board of Immigration Appeals (BIA) or a federal court, it can add months or years to the process.
Annual Caps: There is an annual limit of 4,000 grants for Cancellation of Removal for non-permanent residents. Even if a judge grants your case, you may have to wait for a visa number to become available.
While we push for the fastest resolution, delays are an unavoidable reality of the current immigration system.
Conclusion
A removal order is one of the most serious challenges an immigrant family can face. It threatens the life you have built in the Rio Grande Valley and across the U.S. However, as this guide has shown, multiple legal options exist to fight back and potentially cancel a deportation order.
From Cancellation of Removal and strategic motions to alternative relief like asylum or a green card, there are pathways forward. The key is to act quickly, as immigration law is governed by strict deadlines. Navigating this complex and unforgiving system requires more than just legal knowledge; it demands a deep understanding of how ICE and the immigration courts operate.
An experienced immigration attorney is crucial to your chances of success.
At Guerra Bravo Law Firm, we offer a distinct advantage: attorney Iris Guerra Bravo's 14+ years of insider experience with ICE and DHS. She knows the law not just from textbooks but from within the very system pursuing your removal. This perspective allows us to anticipate the government's strategy and build battle-tested legal defenses for even the most difficult cases.
We have seen families reunited and have won cases that others deemed hopeless. This success comes from preparation, experience, and an unwavering commitment to our clients.
If you or a loved one in McAllen, Brownsville, or anywhere in the Rio Grande Valley is facing deportation, do not wait. The difference between staying and leaving often comes down to the right legal strategy. To build a battle-tested strategy for your case, contact our removal defense experts today. Your future is worth the fight.
