I have a deportation order for a criminal conviction. What can I do?
Question & AnswerI have a deportation order for a criminal conviction. What can I do?
1. Start your appeal
If you have a because you were convicted of a crime, you may be able to appeal to the Immigration Appeal Division (IAD) of the (IRB).
Getting legal help
Appealing a deportation order is complicated. It’s important to get legal help.
Filling out the Notice of Appeal form
To start an appeal from a deportation order, you fill out the Notice of Appeal – Removal Order Appeal form.
You get a copy of the form at the end of your at the Immigration Division of the IRB. You can fill out the form right away and give it to the IRB member who was in charge of your hearing.
Or, you can give it to the IAD office, along with a copy of your . You must do this within 30 days of getting your removal order.
After you start your appeal
You get a copy of what’s called the Appeal Record from the Immigration Division. It includes all of the information that the Immigration Division relied on at the admissibility hearing when they ordered that you be .
The IAD may contact you and ask for more information about your appeal.
Make sure you tell them if your contact information changes after you start your appeal. If they can’t reach you or you don’t respond when they do, you:
- might not be able to continue your appeal, and
- could be deported.
Scheduling your hearing
If you have a lawyer, paralegal, or registered consultant representing you, the IRB contacts them to set a date for your appeal hearing.
Otherwise, you get a Notice to Appear for a meeting that’s called a scheduling conference. At this meeting, staff from the IAD explain the appeal process and set a date and time for your hearing.
If you need to change the date or time for your hearing, you must ask in writing and follow the rules for doing this. The IAD will not agree to the change unless you have a very good reason.