Removal Order
📊 Explore Removal Order data →A removal order is a formal order issued by an immigration judge requiring a noncitizen to leave the United States. It is the most consequential adverse outcome in immigration court proceedings, carrying both immediate and long-term legal consequences.
When an immigration judge orders removal, the order may be executed in different ways depending on the circumstances. For detained individuals, ICE's Enforcement and Removal Operations may execute the removal relatively quickly — often within days or weeks — by arranging transportation (typically deportation flights) to the individual's country of origin or last residence. For non-detained individuals, execution of the removal order may be deferred, and the person may be given a period to arrange their departure.
The legal consequences of a removal order extend far beyond physical departure. A formal removal order triggers a statutory bar on re-entry to the United States — typically 10 years, though the bar can be 20 years for repeat offenders or permanent for those with certain criminal convictions. Individuals who re-enter the U.S. after being removed may face federal criminal prosecution for illegal re-entry, which carries potential prison sentences.
Removal orders can be appealed to the Board of Immigration Appeals (BIA) within 30 days. Filing an appeal does not automatically stay (pause) the execution of the order for detained individuals, though a stay can be requested. If the BIA upholds the order, the next recourse is a petition for review to the applicable U.S. Circuit Court of Appeals.
In some cases, removal orders are issued in absentia when the respondent fails to appear for a hearing. These orders can be challenging to reopen but are not impossible if the respondent can show lack of notice or exceptional circumstances.
Removal orders may also be issued through expedited removal or stipulated removal processes, which bypass full immigration court proceedings.
Related Terms
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
In Absentia Order
A removal order issued when a respondent fails to appear for their immigration hearing. The judge may order deportation without the person present. Can sometimes be reopened if the person shows the absence was due to exceptional circumstances or lack of proper notice.
Voluntary Departure
An agreement where the respondent leaves the U.S. voluntarily instead of receiving a formal removal order. Benefits: no removal order on record, no re-entry bar. Must leave by the deadline or the voluntary departure converts to a removal order.
BIA (Board of Immigration Appeals)
The appellate body within EOIR that reviews immigration judge decisions. Located in Falls Church, Virginia. Most appeals are decided by a single board member reviewing the record, not a full panel hearing.
ICE (Immigration and Customs Enforcement)
The DHS agency responsible for interior immigration enforcement, detention, and removal. ICE attorneys serve as the "prosecution" in immigration court, arguing for the deportation of respondents.