Deportation Order Received? Take Action Within 30 Days

Receiving a deportation order doesn't necessarily mean it's the end of the road, but the window to act is narrow: you have precisely 30 calendar days to file an appeal with the Board of Immigration Appeals (BIA). Immigration attorney Liudmila Marcelo provided this insight in an interview with Tania Costa, outlining the steps one must take when faced with this situation.

"You've received a deportation order. Yes, you have 30 days to challenge it. The first step is to submit the appeal to the BIA," Marcelo emphasized.

Initially, this document doesn't need to be a comprehensive legal argument. According to Marcelo, just a couple of paragraphs explaining why you believe the judge erred in their decision is sufficient. The key is to meet formal requirements and submit it within the deadline.

The Financial Challenge of Filing an Appeal

One of the immediate hurdles is the cost. Filing an appeal with the BIA currently costs $1,030, a significant increase from the previous $130 fee. Marcelo noted with irony, "Money continues to play a major role in these cases. As fees rise, more individuals will contribute $1,030 per appeal."

Once this initial document is filed, a waiting period begins. The BIA issues a Brief Schedule: a timeline for submitting a more detailed legal argument based on the facts of the case and applicable law. The aim is to persuade the BIA to overturn the order or send it back to the judge for further evidence consideration.

"The BIA should either overturn the deportation order or return it to the judge to properly evaluate the evidence," Marcelo explained.

Lengthy Resolution Times

Resolution can be a lengthy process. While some cases receive a decision in a few months, Marcelo cautioned that "the BIA's orders typically take two to three years." During this period, the deportation order is automatically stayed.

Voluntary Departure: A Double-Edged Sword

A critical point, especially for Cubans, is the question of voluntary departure. In final immigration courts, where the government often moves to dismiss asylum cases without thorough evidence review, the judge's first question is whether the applicant wishes to opt for voluntary departure. "This is where Cubans need to be vigilant," Marcelo warned.

Choosing voluntary departure avoids a formal deportation order but can trigger three to ten-year inadmissibility bars and doesn't guarantee reentry into the United States. Those who fail to leave within the judge-granted timeframe automatically face a removal order and may lose eligibility for certain immigration benefits for up to ten years.

This warning comes amid a particularly challenging environment. The Department of Justice has directed immigration prosecutors to request that judges dismiss asylum cases after only a cursory review. Marcelo reported encountering four such decisions in September 2026 alone, including a case with nearly 800 pages of evidence reviewed in just two minutes by a judge.

For individuals already ordered to be deported, appealing to the BIA remains the most viable strategy, provided action is taken within the crucial 30-day period.

If you have questions about deportation orders, appeals, or other immigration processes, our Immigration in the U.S. section offers up-to-date information to help you understand your options and rights.