A removal order is an order of removal, also called a deportation order. After you receive one, first work out three things: which kind of order it is, what date it was issued, and whether it is now in effect. The information below is current as of November 6, 2026.
If your case is still before the immigration court, you must appear as the notice requires. Failing to appear may result in a removal order in your absence. For details, see Immigration Court Representation and Master Calendar Hearing and Individual Hearing Representation.
Types of Removal Orders
- In absentia order. The person did not appear in court, and the order is final as soon as it is issued.
- Order after a judge's decision. The order becomes final when the person waives appeal, the appeal period expires without an appeal, or the BIA dismisses the appeal.
- Alternate order for voluntary departure. If the departure period is exceeded, or the required departure bond is not posted within 5 business days, the alternate removal order becomes final.
Motion to Reopen Deadlines
The main deadlines are below. For cases the BIA has already decided, the motion is generally filed with the BIA:
- General motion to reopen: Within 90 days after the final order is issued, and generally only one may be filed. The motion must present new, material facts that could not have been obtained earlier. Motions seeking asylum or other protection based on changed conditions in the country of origin are not subject to this time limit.
- Motion to reconsider: Within 30 days.
- In absentia order, failure to appear because of exceptional circumstances: Within 180 days after the order is issued.
- In absentia order, no proper notice received, or failure to appear because of detention not caused by the person's own fault: May be filed at any time.
A general motion to reopen does not automatically stay removal; a separate stay request must be filed and granted. A motion to reopen an in absentia order stays removal until the judge rules, once it is filed. Under the regulations, leaving the United States while a motion is pending is treated as withdrawal of the motion.
The motion fee is currently $1,095 when filed with the judge and $1,060 when filed with the BIA, and $950 in some situations, payable only electronically. No fee is charged for reopening an in absentia order on statutory grounds such as not receiving notice. Check again before filing.
BIA Appeal Deadline: Do Not Rely on Just One Number
There are currently two conflicting official statements on this point, and this article does not treat either number as final.
In February 2026, EOIR issued an interim rule that changed the appeal deadline for most types of cases from 30 days to 10 days, with most asylum cases staying at 30 days. On March 8, the federal district court in Washington, D.C. vacated that part. On March 13, EOIR memorandum PM 26-02 confirmed that the 10-day rule did not take effect and that the appeal deadline is 30 days, but the memorandum also states that no rights may be claimed on the basis of it. Another rule issued by the Department of Justice on October 14, 2026 also states that this part has been vacated.
The provision at 8 CFR 1003.38 on the federal regulations website still shows 10 days. As of the date of this article, we have not found a new EOIR rule published in the Federal Register that amends it.
In practice:
- Look at the deadline in the written decision and the one the judge gave in court, and have an attorney check it right away. The period runs from the day the decision is announced in court, or the day the written decision is mailed or electronically served.
- Prepare to meet the earlier date.
- The date that counts is the date the BIA receives Form EOIR-26, not the mailing date. A fee waiver may be requested.
- If you waive appeal in court, you cannot appeal later. If you do not appeal in time, the judge's decision becomes final.
After the BIA issues a final order, the deadline to file a petition for review with a federal court of appeals is 30 days, and filing does not automatically stay removal.
What to Do About ICE Reporting
For people released after a final order, ICE may issue a Form I-220B order of supervision stating reporting and other conditions. If you receive an order of supervision or a reporting notice, report at the stated time and place. Willfully failing to comply with supervision requirements may result in a fine or imprisonment of up to 1 year (8 U.S.C. §1253(b)). The ICE website's Q&A mainly addresses border release documents; for people holding an I-220B, the order of supervision and ICE's instructions control.
People with a removal order should have an attorney review the file as early as possible to understand the status of the order and any pending applications, but should not skip reporting because they have not found a lawyer. No one can determine in advance what will happen on the day of reporting.
Whether you leave or stay, ask a lawyer first
People ordered removed, or who leave while under a removal order, generally cannot be admitted for 10 years, for 20 years after a second removal, and at any time if they have an aggravated felony. But willfully not leaving despite a final order may also lead to fines and criminal penalties (8 U.S.C. §1253(a)).
What to prepare
- The full removal order or decision, with the date received noted.
- The NTA, all court notices and records of address changes.
- Evidence that you did not receive notice, or new facts and evidence.
- The order of supervision issued by ICE and your reporting records.
Contact us
Lu Xin Law Offices is located in Flushing, New York (36-09 Main Street Suite 5-D5) and has an office in West New York, New Jersey (14 65th St). Our responsible attorney, Michael R. Curran (Attorney Curran), is licensed in New York and New Jersey. Representation in immigration court and before the BIA depends on whether the attorney is registered with EOIR, and representation in federal court depends on whether the attorney is admitted to practice in that court. To learn how a removal order may be handled, bring the order and court notices and call 347-618-3386. For our services, see Immigration Legal Services.
FAQ
Can I still file a motion to reopen after a removal order?
Possibly. A general motion to reopen must usually be filed within 90 days after the final order. For an in absentia order based on exceptional circumstances it is within 180 days, and if you did not receive proper notice it may be filed at any time.
Is the BIA appeal deadline 10 days or 30 days?
Official statements currently conflict. An EOIR memorandum of March 2026 says 30 days, and a court has vacated the 10-day change, but the provision on the federal regulations website still shows 10 days. Do not pick a number yourself. Have an attorney check it right away, and prepare to meet the earlier date.
Do I still have to report to ICE if I have a removal order?
If you received an order of supervision or a reporting notice, report at the time and place stated, and do not skip it because you have a removal order or have not yet found a lawyer. Have an attorney review the file as soon as possible to understand the status of the order and the relief that may be available.
Sources: ecfr.gov, ecfr.gov, ecfr.gov, ecfr.gov, justice.gov, federalregister.gov, federalregister.gov, justice.gov, ice.gov, law.cornell.edu, law.cornell.edu, law.cornell.edu, law.cornell.edu, ecfr.gov, ecfr.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.