If you or someone you love has received a deportation order, we understand how frightening this moment feels. The uncertainty, the fear of separation from family, the worry about what comes next. These are real, and they matter. What we want you to know, right from the start, is that a deportation order does not always mean the end of your case. There may be meaningful legal options still available to you, and understanding them is the first step forward.
At Borjas Law Group, LLC, we work with families throughout the Chicago area who are navigating some of the most difficult chapters of their lives. Our immigration law practice is built around helping people understand their rights and take action when it counts most. We want to walk you through what the appeals process looks like, and what you can realistically expect.
Understanding What a Deportation Order Actually Means
A deportation order, also called a removal order, is a decision by an immigration judge that a person should be removed from the United States. Deportation is the process of removing a noncitizen from the U.S. for violating immigration law. But receiving that order is not necessarily the last word. Even if a judge rules against a person and puts a deportation order in place, it may still be possible to appeal this decision.
The most important thing to know is that time matters deeply here. The window to act is short, and missing a deadline can eliminate options that would otherwise be available to you. We know that is a lot of pressure when you are already under tremendous stress. That is exactly why we want to help you understand the process clearly, so you can make informed decisions for yourself and your family.
The First Step: Appealing to the Board of Immigration Appeals
If your immigration case is denied by the immigration judge and you are ordered to be deported, you should know you have the right to appeal your case to the Board of Immigration Appeals (BIA).
The Board of Immigration Appeals is a court that reviews immigration judge decisions. Think of it as a second set of eyes on your case. The BIA does not hold a brand new hearing with live witnesses. Instead, it reviews the record from your original proceedings and evaluates whether the immigration judge made a legal error, applied the wrong legal standard, or reached a conclusion that the evidence does not support.
To start this process, the first step in the deportation appeals process is to file a Notice of Appeal (Form EOIR-26) with the Board of Immigration Appeals. This form must be submitted within 30 days of the immigration judge’s decision. This is a firm deadline. Missing the 30-day deadline to file your appeal can severely limit your options.
ne thing that may bring some comfort during this waiting period: if you file a timely appeal and did not waive appeal, DHS generally cannot remove you while the BIA appeal is pending. This means that DHS generally cannot physically remove you from the United States during this time. That gives your family some breathing room while the appeal is reviewed.
Once your appeal is submitted, the Board of Immigration Appeals will review the case. This process can take several months to over a year, depending on the backlog of cases. We know waiting is hard. We try to keep our clients informed throughout the process so they never feel left in the dark.
What the BIA Can Do With Your Case
When the BIA completes its review, a few different outcomes are possible. During an appeal, the BIA will review the facts of a case and the arguments made by both sides to determine if the immigration judge made any errors. In some cases, the BIA may remand the case to the immigration court to correct any mistakes that were made, or it may reverse the judge’s ruling and allow an immigrant to remain in the United States.
If the BIA sends the case back to the immigration court, that is called a remand. A remand order is issued if the BIA has found a defect in the way the judge’s decision was made. This means your case will be sent back to your case’s immigration judge with instructions to reconsider your case. That is a meaningful second opportunity.
If the BIA upholds the original order, that is painful news. But even then, there may be a path forward.
Going Further: Federal Court Review
If the BIA upholds the deportation order, you may have the right to seek further judicial review in the U.S. Court of Appeals. This must typically be done within 30 days of the BIA’s decision. This is called a petition for review, and it takes the case into the federal court system.
Federal courts approach immigration cases differently. The federal court primarily reviews constitutional claims and questions of law, and has limited review of factual findings. It is not a full re-examination of every detail. But if a genuine legal error occurred, or if there was a constitutional concern in how the proceedings were handled, federal court review may provide a real avenue for relief.
Something important to know at this stage: unlike the BIA appeal, there is no automatic stay of deportation when a petition is filed in federal court. You can request that the Court of Appeals order a stay of deportation, but these motions are not always granted and the likelihood of obtaining a stay varies among the different Circuit Courts because each of them applies a different standard to issue a stay. This is a nuance that matters a great deal, and it is one reason having an attorney guiding you through each step can make such a significant difference.
Another Option: Motions to Reopen or Reconsider
Separate from the direct appeal process, there are other legal tools that may be available depending on your situation. One of the most significant is a motion to reopen.
A motion to reopen asks the immigration court to reopen proceedings after the immigration judge has rendered a decision, so that the immigration judge can consider new facts or evidence in the case. This is different from an appeal. An appeal argues that the judge made a legal mistake. A motion to reopen says: there is new information that was not available before, and the court should have the chance to consider it.
As a general rule, a motion to reopen must be filed within 90 days of an immigration judge’s final order. There are limited exceptions to this timeline, but they apply only in specific circumstances. If you think new evidence has come to light, or if circumstances in your case have changed in a meaningful way, it is worth discussing this option with an attorney as soon as possible.
A motion to reopen can be a particularly important tool in cases where a prior attorney did not present all the pertinent facts of a case or made some other type of mistake, thus potentially resulting in the noncitizen losing their case before the immigration judge or the BIA. We have seen situations where the original proceedings did not fully reflect the true circumstances of a person’s life, and a motion to reopen gave them the opportunity they deserved.
Chicago’s Immigration Court and What This Means for You
Chicago’s immigration court, conducts removal proceedings for people in Illinois, Wisconsin, and Indiana charged with violating immigration law. If your case was handled there, the appeals process follows federal immigration law, which applies uniformly across the country, though the specific circumstances of your case will shape which options are most appropriate.
We also want to acknowledge something honestly: in 2026, immigration appeals are more complex than ever. Policies are shifting, court backlogs remain high, and more cases are moving beyond immigration court into the federal court system. The landscape is changing, and the guidance that was accurate even a year ago may not reflect current realities. This is one reason we encourage people to speak with an attorney rather than relying solely on general information.
You Do Not Have to Face This Alone
We know that reaching out for legal help in the middle of a crisis takes courage. We also know that the families who come to us are often carrying enormous weight. Our role is to help lighten that load by giving you clear information, honest guidance, and dedicated representation.
If you have received a deportation order, or if you are concerned about removal proceedings for yourself or a family member in the Chicago area, including Cook County and surrounding communities, please contact Borjas Law Group, LLC. We are here to listen, to explain your options, and to stand with you as you navigate this process. Reaching out early gives us the best opportunity to help you.
