Potentially facing deportation can be an incredibly overwhelming experience for anyone confronted by this possibility. However, removal from the United States is not always necessary. Under U.S. immigration law, undocumented individuals living in Louisiana have options to avoid removal.
If an immigration judge orders that a person must be deported and that individual or the Department of Homeland Security disagrees, he or she can file an appeal with the Board of Immigration Appeals. The appeal must be submitted to the BIA within a period of 30 days, starting from when the judge issued the order. If the BIA upholds the judge’s decision, a person may take things a step further by filing an appeal with the Federal Courts of Appeal, which must also be done within 30 days.
Individuals do not have to wait to take action until an order of removal has been issued. Discretionary relief is available to undocumented immigrants who can prove that they qualify for legal relief, and is submitted during removal proceedings. A Cancellation of Removal can also take place during the hearing, and may be used by both lawful permanent residents and some non-permanent residents.
There are many other options that an individual can exercise to stop the process of removal. Unfortunately, like most things pertaining to U.S. immigration law, the process of filing appeals and submitting documentation is rarely easy. Since the stakes are incredibly high when potentially facing deportation, immigrants in Louisiana often choose to seek guidance of an experienced attorney during this difficult process.