How To Appeal A Deportation Order In Houston, Texas

Takeaways:

If you’ve been ordered deported in Houston, you may still have options. You typically have 30 days to appeal to the
Board of Immigration Appeals (BIA)F. During this time, you can request that removal be paused while your appeal is pending. The appeal process involves legal arguments, written briefs, and sometimes motions to reopen or reconsider. Success depends on strong documentation, fast action, and understanding what legal errors occurred in your case.

Getting a deportation order feels devastating, but it doesn’t always mean you have to leave. Many immigrants in Houston still have time to act, especially if something went wrong during their hearing or if new information could change the outcome.

Appealing a deportation order gives you a second chance to stay in the U.S., but you must act fast, and you need to know what you’re doing. That’s where the right help and a timely strategy can make all the difference.

Who Can Appeal A Deportation Order In Houston

Not every deportation order is final the moment it’s issued. In many cases, immigrants in Houston have the right to challenge the decision if they act quickly. Knowing whether you qualify to file an appeal and when to begin could make the difference between staying in the U.S. or being removed.

You Must Have Received A Final Order Of Removal

To file an appeal, you must have received a final decision from an immigration judge. This typically happens at the end of your removal proceedings in immigration court.

If you didn’t attend your hearing, the court may order you removed in absentia. That doesn’t prevent you from challenging the order, but the process is slightly different and may involve a motion to reopen instead.

You Have 30 Days To File Your Appeal

Once a final order is issued, you usually have 30 calendar days to file your appeal with the Board of Immigration Appeals (BIA).
That’s a hard deadline; if you miss it, your options shrink dramatically.

You don’t need to file your full legal brief right away, but you do need to submit the Notice of Appeal (Form EOIR-26) before the deadline expires.

Appeals Are For Legal Or Procedural Errors

You can’t appeal just because you disagree with the outcome. There must be a legal basis for the appeal, such as the judge applying the wrong law, misinterpreting the facts, or failing to consider important evidence.

That’s why working with someone who understands how the law in your case is key to crafting a strong argument.

What If I’m Already Detained?

If you’re in immigration detention, you can still appeal. In fact, many detained individuals file appeals to stop immediate removal.
If this is your situation, make sure your legal team knows how to request a stay of removal while your appeal is pending.

Appeals move quickly, and time is not on your side. If you’ve received a deportation order in Houston, don’t wait to see what happens next. Start exploring your options immediately, because you may have more than you think.

Step-By-Step Process To Appeal A Deportation Order

Appealing a deportation order is a legal process with strict deadlines and specific paperwork. You must do each step correctly to preserve your right to stay in the U.S. If you’re in Houston and need to challenge a removal order, here’s how the process usually works.

Get A Copy Of The Immigration Judge’s Decision

Before appealing, you need the written decision from the judge who ordered your removal. This document outlines the reasons for the ruling and provides the date the order became final. That date starts your 30-day appeal clock.

File Form EOIR-26 With The Board Of Immigration Appeals

You must file the Notice of Appeal (Form EOIR-26) within 30 days of the decision. This form goes to the Board of Immigration Appeals (BIA) in Virginia, not to the local court in Houston. You must include the filing fee or a fee waiver request. Missing this deadline may permanently close your case.

Wait For The BIA To Acknowledge Your Appeal

Once received, the BIA will send a receipt notice confirming your appeal has been docketed. They may also set a briefing schedule, which is the deadline to submit your full written legal arguments.

Prepare & Submit Your Legal Brief

The legal brief is your chance to explain what went wrong. The brief should highlight legal errors, unfair treatment, or evidence that wasn’t properly considered. This document must follow specific formatting rules. A strong legal brief is key to a successful appeal.

Ask For A Stay Of Removal (If Needed)

Filing an appeal doesn’t automatically stop deportation. If you’re at risk of being removed while the appeal is pending, you must request a stay of removal. If granted, it pauses any action until your appeal is decided.

Wait For A Decision From The BIA

The BIA may take several months to decide. They can dismiss the appeal, send the case back to the judge, or overturn the removal order.
Their decision is final unless you take the case to a federal appeals court.

Appealing a deportation order takes legal skill, quick action, and careful argument. Done right, it can pause removal and give you a real chance to stay in the U.S., especially if your first hearing wasn’t handled fairly.

Mistakes To Avoid When Appealing A Deportation Order

Filing an appeal gives you a second chance, but you must do it right. A strong appeal can stop deportation, but even small mistakes can lead to automatic denial. If you’re appealing a removal order in Houston, here are some of the most common and costly errors to avoid:

Appealing a deportation order is different from starting a new case. You don’t get to present everything all over again; you’re asking a higher court to fix what went wrong below. That’s why it’s critical to avoid these pitfalls and approach your appeal with strategy and urgency.

If you’ve received a removal order and want to fight it, start by avoiding the mistakes that get so many cases denied. A strong, timely appeal could make all the difference.

FAQs About Deportation Appeals In Houston

Appealing a deportation order can feel intimidating, especially if you’ve never been through the process before. Here are a few common questions immigrants in Houston ask when considering an appeal.