An alien who appeals his final removal order to the Court of Appeals may continue to litigate his case after he is removed from the United States.
I have a deportation order and am scheduled to be removed soon, but I have a petition for review pending in the Court of Appeals. How does being deported affect my case in the Court of Appeals?
Your removal will not affect your right to continue with your case before the Court of Appeals. Although you may be abroad for the processing of your case, that does not preclude the Court of Appeals that is currently reviewing your petition from continuing to decide your case.
What happens if I win my case and the Court of Appeals grants my petition for review after I have been removed?
That will depend on the nature of the court order and the stance of its proceedings. If you were a lawful permanent resident (LPR) prior to the entry of the final order of deportation in your case, and the court’s decision voids your order of deportation, the U.S. Immigration and Customs Enforcement (ICE) will consider your LPR status restored.
LPRs are allowed to enter and reside in the United States. In the absence of extraordinary circumstances, ICE will facilitate their return to the United States.
What constitutes «extraordinary circumstances»?
Extraordinary circumstances may include, but are not limited to, situations in which the return of an alien presents serious national security considerations or serious adverse foreign policy considerations.
What happens if I must be present in the United States for my case after I have been removed?
Most courts and many foreign embassies have the technology to support your participation in your immigration hearing by video conference or telephone.
However, if these alternatives are not available to you in the country to which you were removed, and your presence is required by court order to continue your case, you may request that the Department of Homeland Security (DHS) facilitate your return to the United States. You will need to contact ICE to request a return to the United States.
Is it my responsibility to request assistance from DHS once I learn that an appeals court has granted my request for review?
Yes.
How do I apply for DHS assistance to facilitate my return to the United States after a court of appeals has granted my request for review?
If an appeals court grants your request for review, you should contact the Facilitating Return team within ICE’s Enforcement and Removal Operations (ERO) Custody Programs Division with your request to return to the United States.
You may contact the Division of Custody Programs by contacting the ERO Operations Contact Center (ECCO) at (888) 351-4024 or by email at ERO.INFO@ice.dhs.gov.
When contacting ECCO, provide the appeals court case number, alien registration number, and detailed contact information to allow ICE to contact you.
Can my attorney contact the Division of Custody Programs on my behalf?
Yes. Your attorney or legal representative must complete and submit a signed Form G-28 (Notice of Entry to Appear as Attorney or Accredited Representative) in order to discuss your case with ICE officials.
Anyone other than your attorney or legal representative must complete and submit a Form 600-001 (Privacy Waiver Authorizing Disclosure to a Third Party) so that case information can be provided to that person.
Any person who contacts ICE on your behalf must have your court of appeals case number and registration number.
Will the Division of Custody Programs tell me if ICE has agreed to facilitate my return to the United States?
No. The Division of Custody Programs will send your application to the appropriate ICE office so that you or your representative can be contacted regarding your possible return to the United States.
What does the Division of Custody Programs do when I apply for ICE assistance to return to the United States after a court grants my request for review?
ERO will direct your request to the appropriate supervisory officer, who will review your request with the Office of Chief Counsel to determine whether your return to the United States will be facilitated based on the considerations explained above.
For reentry into the United States, ICE will coordinate your arrival with CBP (Customs and Border Protection) at the appropriate port of entry.