Can a Deportation Order Be Reversed? Understanding Your Options with a Massachusetts Immigration Lawyer

Written By: Matthew W. Peterson

Published: 05/21/2025

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Can a Deportation Order Be Reversed?

Facing a deportation order can be one of the most frightening experiences for immigrants and their families. Can a deportation order be reversed? The good news is that in certain circumstances, yes, deportation orders can be reversed. However, the process is complex and typically requires professional legal assistance. This guide from experienced Massachusetts immigration lawyers will walk you through the basics of what you need to know.

Understanding Deportation Orders

A deportation order (now officially called a “removal order“) is a legal directive requiring a non-citizen to leave the United States. Once issued by an immigration judge, these orders carry serious consequences, including potential bars to returning to the U.S. for years or even permanently.

Ways to Reverse a Deportation Order

1. Motion to Reopen

A Motion to Reopen asks the immigration court to reconsider your case based on new facts or evidence that wasn’t available during your original hearing.

Key requirements:

Must generally be filed within 90 days of the final removal order (8 C.F.R. § 1003.23(b)(1))
Must present new, material evidence that wasn’t available at the original hearing
Must show how this new evidence would likely change the outcome

In exceptional cases, the 90-day deadline may be “equitably tolled” if you can demonstrate that extraordinary circumstances prevented timely filing.

2. Motion to Reconsider

A Motion to Reconsider argues that the immigration judge made a legal error in your case.

Key requirements:

Must be filed within 30 days of the final removal order (8 C.F.R. § 1003.23(b)(1))
Must identify specific errors of law or fact in the original decision
Must be supported by relevant legal authority

3. Appeal to the Board of Immigration Appeals (BIA)

If your case was recently decided, you may have the right to appeal.

Key requirements:

Must file Notice of Appeal (Form EOIR-26) within 30 days of the immigration judge’s decision
Must clearly identify the specific aspects of the decision you’re challenging
Must submit detailed legal arguments through a written brief

4. Stay of Removal

While not technically reversing the order, a Stay of Removal temporarily prevents deportation while you pursue other legal remedies.

Key requirements:

File Form I-246 with Immigration and Customs Enforcement (ICE)
Demonstrate significant humanitarian concerns or likelihood of success in your underlying case
Pay associated filing fees (currently $155)

5. Special Circumstances

Several special circumstances may allow for deportation orders to be challenged:

Changed country conditions: If conditions in your home country have significantly worsened since your original order, you may file a Motion to Reopen based on changed country conditions. This is exempt from the 90-day deadline. (INA § 240(c)(7)(C)(ii))
Lack of notice: If you never received proper notice of your hearing, you may be able to reopen your case. (INA § 240(b)(5)(C)(ii))
Exceptional situations: In rare cases involving extreme hardship, victims of domestic violence, or humanitarian concerns, special rules may apply.

The Process of Reversing a Deportation Order

1. Gather documentation: Collect all immigration paperwork, including the original removal order and any related documents.

2. Identify your best legal strategy: Determine which option above best fits your situation.

3. Prepare your legal filing: Draft the appropriate motion with supporting evidence and legal arguments.

4. Submit filing to the correct authority: Depending on your case, this may be the immigration court that issued the order, the BIA, or other immigration authorities.

5. Attend any scheduled hearings: Be prepared to present your case if a hearing is scheduled.

Next Steps: Getting Professional Help from Massachusetts Immigration Lawyers

Successfully reversing a deportation order typically requires specialized legal knowledge. Immigration law is incredibly complex, and the stakes couldn’t be higher—especially in Massachusetts where immigration cases have unique considerations based on local courts and regional ICE practices.

The Law Office of Matthew W. Peterson offers comprehensive consultations where we can:

Review your removal order and immigration history
Identify potential legal strategies specific to your situation
Explain the realistic chances of success in Massachusetts immigration courts
Guide you through the entire process with knowledge of local procedures

Don’t face this challenging situation alone. Contact our experienced Massachusetts immigration attorneys today for a confidential consultation. Whether you’re in Boston, Worcester, Springfield, or anywhere in Massachusetts, we’ll review your documents, understand your unique circumstances, and help you navigate the path forward with clarity and compassion.

This blog post from Massachusetts immigration lawyers is for informational purposes only and does not constitute legal advice. Immigration laws change frequently, and individual cases have unique circumstances that require personalized legal analysis from a qualified Massachusetts immigration attorney.