How to Stop a Last-Minute Deportation in Georgia
Learning that Immigration and Customs Enforcement may carry out a deportation within days—or even hours—can be overwhelming. Although no legal filing guarantees that removal will be stopped, several emergency procedures may temporarily prevent deportation while an immigration court, the Board of Immigration Appeals, ICE, or a federal court reviews the case.
Immediate action is essential. The correct procedure depends on who issued the removal order, whether an appeal or motion remains available, why the person faces removal, and whether new evidence or changed circumstances have arisen.
Confirm Whether the Removal Order Is Final
Before requesting emergency relief, the person must determine whether there is a final removal order. Relevant documents may include:
- A decision from an immigration judge
- A Board of Immigration Appeals decision
- A Notice to Appear
- An ICE reporting notice
- A removal itinerary
- A warrant of removal
- Earlier motions or appeal decisions
A person should also collect their Alien Registration Number, commonly called an A-number. This identifier is needed to review the immigration court record and communicate with government agencies.
Georgia residents may have cases assigned to an Atlanta immigration court or another court serving detained individuals. Atlanta currently has immigration courts on West Peachtree Street and Ted Turner Drive, but filings must be submitted to the court or tribunal that actually has jurisdiction over the case.
Request a Stay of Removal From ICE
A stay of removal is an order temporarily preventing the Department of Homeland Security from carrying out a final removal order.
A person subject to a final order may ask DHS for a discretionary stay. ICE uses Form I-246, Application for a Stay of Deportation or Removal, for this type of request. Approval is discretionary, which means ICE is not required to grant the stay merely because the application was filed.
A request may be supported by evidence concerning:
- A pending immigration application or court motion
- Serious medical conditions
- Harm to a U.S.-citizen or permanent-resident relative
- Responsibility for minor children
- Long-term residence in the United States
- Community and employment ties
- Rehabilitation after a criminal conviction
- A serious risk of persecution or torture
- Cooperation with law enforcement
Filing a request does not itself stop removal. Written confirmation that a stay has been granted is important because ICE may continue executing the order until an authorized agency or court issues an effective stay.
File a Motion to Reopen the Immigration Case
A motion to reopen asks the immigration court or the Board of Immigration Appeals to reconsider a completed case based on new facts or evidence.
As a general rule, a motion filed with an immigration judge must be submitted within 90 days after the final order, and a person usually has only one motion to reopen. The motion must identify material evidence that was unavailable and could not reasonably have been presented earlier.
Possible grounds may include:
- Previously unavailable evidence
- Ineffective assistance from a former representative
- Eligibility for a new immigration benefit
- A vacated or modified criminal conviction
- Failure to receive a hearing notice
- Changed conditions in the destination country
- New evidence supporting asylum or protection from torture
Changed country conditions may provide an exception to the ordinary 90-day and one-motion limits when the evidence is material and was unavailable during the earlier proceedings.
A motion to reopen ordinarily does not automatically stop deportation. A separate stay request may therefore be required. The principal exception involves certain motions seeking to rescind removal orders entered after a person failed to appear for a hearing. Those motions can trigger an automatic stay while the immigration judge considers them.
Submit an Emergency Motion to Stay Removal
An immigration judge or the Board of Immigration Appeals may consider a discretionary stay when a motion to reopen or reconsider is pending within that tribunal’s jurisdiction.
EOIR classifies a stay request as an emergency when the person is in DHS custody and removal is imminent. Requests concerning removal within the next three business days require especially prompt action and should clearly explain the exact timing of the planned deportation.
An emergency motion should generally include:
- The complete case history
- The final removal order
- The pending motion to reopen or reconsider
- Evidence supporting the requested relief
- The scheduled removal date
- Proof of service on the government
- A clear explanation of the immediate harm removal would cause
Merely labeling a filing an emergency does not create a stay. DHS may proceed unless and until the immigration judge or Board grants the request.
Appeal a Recent Immigration Judge Decision
When an immigration judge has recently ordered removal, the person may be able to appeal to the Board of Immigration Appeals.
Form EOIR-26 must be received by the Board no later than 30 calendar days after the judge issues an oral decision or mails a written decision. Mailing the form before the deadline is not enough if it arrives late. Waiving the right to appeal or missing the deadline generally makes the judge’s decision final.
A pending motion to reopen does not extend the appeal deadline. When both an appeal and another motion may be appropriate, each filing must be directed to the tribunal with jurisdiction and submitted within its applicable deadline.
Seek Federal Court Review When Available
After a final administrative removal order, certain legal or constitutional issues may be reviewed by the appropriate federal court of appeals.
A petition for review generally must be filed within 30 days after the final removal order. For a case completed by an immigration judge in Georgia, review will commonly fall within the U.S. Court of Appeals for the Eleventh Circuit.
Filing the petition does not automatically stop removal. A separate emergency motion requesting a judicial stay may be necessary. Federal law states that service of a petition for review does not stay deportation unless the court orders otherwise.
Federal review involves strict jurisdictional and procedural rules. Some removal orders, expedited proceedings, discretionary decisions, and criminal grounds may limit what the court can consider.
Do Not Sign Documents Without Understanding Them
During a last-minute ICE encounter, a person should remain calm and avoid physical resistance, false statements, or destruction of evidence. They should also avoid signing documents they do not understand.
Documents presented by officers may involve:
- Waiver of an appeal
- Acceptance of removal
- Voluntary departure
- Withdrawal of an application
- Statements about fear of returning
- Agreements concerning travel documents
Signing a waiver can eliminate rights that might otherwise support an emergency challenge. A person can state that they wish to speak with an attorney before answering detailed questions or signing legal documents.
People facing an imminent removal order can read more about legal procedures involving deportation defense, emergency stays, motions to reopen, and immigration appeals.
Prepare an Emergency Case File
When removal may occur quickly, family members should gather and preserve:
- All immigration court decisions
- ICE notices and reporting documents
- Passports and identification
- Criminal court dispositions
- Marriage and birth certificates
- Medical records
- Evidence of pending applications
- Country-condition evidence
- Contact information for the detention facility
- Details of the planned removal date
Copies should be provided to a trusted family member or representative. The exact detention location and A-number can be critical when communicating with ICE, an immigration court, or the Board.
Key Takeaways
Stopping a last-minute deportation in Georgia may require several coordinated actions. Possible options include requesting an ICE stay, filing a motion to reopen, submitting an emergency motion to stay removal, appealing a recent immigration judge decision, or seeking federal court review.
None of these filings automatically prevents removal in every case. Motions to reopen and federal petitions for review generally require separate stay requests, while appeal and motion deadlines can be as short as 30 or 90 days.
The appropriate emergency strategy depends on the final order, prior proceedings, new evidence, scheduled removal date, and tribunal with jurisdiction. Acting before ICE completes the removal process is critical because a stay communicated after normal boarding has been completed may no longer prevent departure.
