Received a Removal Order? Here Is What to Do in the Next 72 Hours

The immigration judge has just said the words you feared. The hearing is over. You have been ordered removed from the United States. In the minutes and hours after that decision, it is easy to feel paralysed. But the decisions you make in the next 72 hours can determine whether you have a real path forward — or whether the removal order becomes permanent and executable. Here is what to do. ## Step 1: Write Down Everything You Remember (Today) Before you leave the courthouse or speak to anyone else, write down everything you can remember about the hearing: - What the judge said about why your case was denied - What evidence was discussed - What your attorney said (or did not say) - Any procedural issues — continuances denied, documents excluded, interpreter problems This is important because the written transcript of the hearing may take weeks to arrive. Your own notes, taken while the memory is fresh, can help your appeal attorney identify issues quickly. ## Step 2: Do Not Leave the Country This sounds obvious, but it bears stating clearly: **do not voluntarily depart the United States** after receiving a removal order unless you have spoken to an attorney and fully understand the consequences. Voluntary departure under a removal order is not the same as leaving on your own terms. Departing after a final removal order can trigger bars to re-entry and may affect your ability to pursue further legal remedies. Stay in the United States while you explore your options. ## Step 3: Contact a BIA Appeal Attorney — Not Just Any Immigration Attorney The 30-day deadline to file a Notice of Appeal with the Board of Immigration Appeals begins the day the judge issues the oral decision. That clock is already running. You need to speak with an attorney who specifically handles BIA appeals — not a general immigration attorney, not a notario, not a paralegal. BIA appeals are appellate work. They require a different skill set than representing someone in immigration court. When you call, ask: - Do you handle BIA appeals specifically? - Can you review my case before the 30-day deadline? - What are the grounds for appeal in my situation? ## Step 4: Gather Your Documents While you are waiting to speak with an attorney, gather every document related to your immigration case: - Your Notice to Appear (the charging document) - Any written decisions from the immigration judge - All evidence you submitted at your hearings - Any correspondence from USCIS, ICE, or the immigration court - Your attorney's contact information and any retainer agreements Having these documents ready will allow an appeal attorney to assess your case much faster. ## Step 5: Understand What the Automatic Stay Means In most cases, filing a timely Notice of Appeal with the BIA triggers an **automatic stay of removal**. This means ICE cannot deport you while your appeal is pending. However, the stay is not automatic in all cases — particularly if you were ordered removed in absentia (you were not present at the hearing — a removal order made in your absence is generally challenged by a motion to reopen in the immigration court rather than by an appeal to the Board) or if certain criminal grounds apply. An attorney can tell you quickly whether the stay applies to your situation. The stay is one of the most important protections available to you. But it only kicks in if you file the appeal on time. ## Step 6: Do Not Ignore Any ICE Check-Ins or Orders of Supervision If you are subject to an order of supervision — required to check in with ICE periodically — continue to comply with those requirements while your appeal is being prepared. Failing to appear for a check-in can accelerate enforcement action. If you receive any communication from ICE after the removal order, show it to your attorney immediately. ## What Not to Do A few common mistakes that can make your situation significantly worse: - **Do not hire someone who is not a licensed attorney.** Notarios and immigration consultants cannot represent you before the BIA and cannot give you legal advice. Errors made by non-attorneys are very difficult to correct. - **Do not assume the 30 days is a soft deadline.** It is not. The BIA has extremely limited authority to accept late appeals. - **Do not post about your case on social media.** Anything you say publicly can potentially be used against you. - **Do not ignore the removal order.** Even if you decide not to appeal, you need legal advice about your options and obligations. ## The Bottom Line A removal order is serious. But it is not necessarily the end. The 30-day window to appeal exists precisely because the law recognises that immigration judges make mistakes — legal errors, factual errors, due process violations. The question is whether you act before the window closes. --- *Immigrateful focuses exclusively on BIA appeals. We offer a free first consultation — contact us as soon as possible after your removal order so we can review your case before the deadline.*