In case, someone gets removal orders for exclusion from United States due to immigration hassles or other reasons, it does not mean that the world ends up for him/her there. One can immediately consider with an immigration lawyer, as there’s still an option to remain in the country or to re-enter again, by using several administrative possibilities available to hold removal orders provided by immigration law. These include waiver requests, administrative pleas, proposals for reconsiderations and re-openings and in rare cases, requests for reviewing legal orders. Let’s discuss these possibilities one by one.
Inadmissibility Waivers
There are wide reasons for inadmissibility, but in most cases there are laws built for their deferment also, which permits sacked person to remain in the country. It can be availed after approval from immigration courts, BIA (Board of Immigration Appeals), the Secretary of Homeland Security or Attorney General. Waivers can be a huge help, in such cases.
Pleas To Administration
One has right to move his/her plea to BIA, if removal order is issued by an Immigration judge. In such cases with the help of good immigration lawyer, a ‘notice of appeal’ should be filed within 30 days to BIA, challenging the decision of IJ. Deadline to file appeal can be extended further, in case of special conditions like death of a family member or serious illness. Although it is suggested, to consult an immigration lawyer before proceedings.
Then BIA may act with one of the three choices, while reconsidering the plea, which means the appeal, can be permitted, dismissed or re-directed to IJ for further trials. In case, appeal is sustained by BIA, it will be effective only after completion of all the security checks and background verification.
Along with this, BIA also holds right to approve IJ’s decision without any second thought. BIA may have to determine following aspects for its decision:
• In case, IJ has given right verdict.
• In case, there are undisruptive faults.
• In case existing precedent is controlling the issue or a written estimation is not desired.
While BIA’s decision without any second thought, is not allowed when:
• There’s a need of settlement for contradictory verdicts from different IJs.
• There’s a need for setting up a precedent.
• There’s a need to make decision on controversial cases that holds nation-weightage.
• There’s a need of re-evaluation on flawed cases appearing to be realistic.
Plea For Re-Opening Cases
Request to re-open a case, can be filed either by a person or the government in 90 days of removal orders. If s/he can provide circumstances like new laws or data that may alter case results. Filing deadline may have some exceptions like:
• If the plea is submitted to apply for asylum or gaining a restraint on its removal.
• The plea is a combined plea from both, the person and the government.
• Enough evidences for sustaining the removal hearings were not found.
• The absence of person while hearing session, with a proof that the absence was due to severe illness or a family member’s death.
• Person did not receive adequate notice for removal hearing session.
Plea For Reconsideration
Plea requesting re-consideration for case to hold removal orders can be filed in first 30 days to the BIA, after final administrative orders. In such case no exemptions are given for failing the deadline. Exceptions like asylum cases or absentia are also not entertained.
The plea would not be considered in case the person/immigration lawyer demands an affirmance without any second thought, or asks for the decision without three panel members of BIA.
Plea For Stay-Orders
The plea for reopening and reconsideration is not considered as an ‘automatic stay’. A person has to file a stay order (except if it was issued in absentia to him/her), if s/he wants to challenge the decision of removal orders, further. In such case (of pending final decisions) the stay-orders to temporary delaying the removal, can be issued by an IJ, the BIA or Secretary of Homeland Security who governs this authority.
Hence, a person may use these available options in their favor, without being disheartened and therefore can hold removal orders, offered to them by immigration judgments. An experienced immigration lawyer can be a massive support in such immigration case.