Deportation from the US: A Complete Guide to Protecting Your Rights and Challenging Decisions from an Immigration Lawyer

In 2025, deportation from the United States has become one of the most pressing issues for millions of immigrants. Immigration and Customs Enforcement (ICE) processes thousands of removal cases daily. But deportation is not inevitable. Timely action, knowledge of the law, and the assistance of a lawyer can often help avoid or successfully challenge deportation decisions. This article, based on advice immigration lawyer Ekaterina MuratovaWe'll walk you through the process step by step. This text is not legal advice, so always consult a professional to assess your specific situation.

Can UN statements be used to challenge deportation?

Recently, the head of the UN Commission for Refugees, Filippo Grandi saidThat deportation practices in the United States violate international law. He did not specify which practices he was referring to, but most likely he was referring to deportations to third countries. Although this was an official statement from an international official, it cannot be used in court to challenge deportation.

"UN statements are purely advisory. The United States, as a sovereign country, adheres to the principle of sovereignty in immigration matters, and deportation decisions are challenged only in domestic courts. International courts do not have the authority to overturn decisions of U.S. immigration courts. Even if you have exhausted all domestic courts (first instance, appeals, and the Supreme Court), it is impossible to appeal a deportation case to an international court," said Ekaterina Muratova.

Moreover, you cannot rely on such statements to support your case, even in American courts. The challenge is strictly within the framework of US national law.

Photo: Shutterstock

Steps to Take When Facing Deportation: From Arrest to Appeal

If you receive a notice calling for self-deportation or are arrested, don't panic—act systematically and quickly.

1. Determine whether you have protection from deportation. Check whether you have grounds for protection from deportation (more details below). If you've already applied for asylum or other status, deportation won't happen "just like that." If new circumstances arise (for example, you've become a victim of crime or domestic violence), file the appropriate application immediately.

2. Contact an immigration lawyer. This is a key step. A lawyer will help assess the situation and prepare the necessary documents.

3. Dispute in US courts:

• First instance: The immigration court hears your case. Here you present your evidence and arguments.
• Appeal: If the first instance decision is unfavorable, file an appeal with the Board of Immigration Appeals (BIA) within 30 days. Keep in mind that you are not presenting new evidence; you are simply asking the appellate judge to reconsider your case because you believe the trial judge made an incorrect decision.
• Circuit Court: the next instance after the appeal.
• Supreme Court of the United States: Only considers cases of national significance concerning the country's security or interests. Not every immigration case makes it here.

Deportation is typically stayed while the appeal and any subsequent appeals are pending, although the Trump administration has sometimes violated this rule.

Important: Even if you've been deported, the appeal process doesn't stop. You can continue your appeal in American courts even while outside the United States. If you win, you'll be granted humanitarian parole for return. However, this is rare—most people simply don't complete all the steps, especially after deportation.

Keep in mind that deadlines are critical. You typically have 30 days to appeal or petition for reconsideration. Missing the deadline may close the door to a challenge. If the deadline was missed through no fault of your own (extraordinary circumstances), in limited cases you can file a motion to reinstate the deadline and reopen the case.

If an arrested person signs documents agreeing to self-deportation, he effectively waives the right to challenge and appeal.

On the subject: What US work visa can I get instead of the H-1B, which currently costs $100,000? A lawyer's advice.

Financial aspects: how much does it cost to challenge deportation?

Contesting deportation is an expensive process, so many people don't even begin it, simply acquiescing to being removed from the United States.

The cost depends on the stage:

• First instance: A lawyer costs $10-$15; an expert (needed if legal details need to be clarified in the immigrant's home country) costs $3-$4. The total cost for the first stage is $10-$20.
• Appeal and Circuit Court: may add tens of thousands to the above amount.
• Full cycle (to the Supreme Court): about $100 thousand, sometimes more.

The longer the process, the more expensive it will be. Also consider filing fees and possible expert assessments.

Forms of protection against deportation

Protection from deportation is possible on humanitarian and other grounds. Here are the main options in general:

• Asylum: for those who are persecuted in their homeland for political, religious or other reasons.
• Deferred Action: temporary protection, such as a program DACA for "dreamers" (illegal immigrants brought to the United States when they were children).
• Protection under the UN Convention against Torture: if deportation will lead to torture in the home country.
• Victims of crime or violence: statuses for victims of human trafficking, domestic violence or crimes (U-visa, T-visa, VAWA).
• Cancellation of Removal: For those who have lived in the United States for more than 10 years without violations and have close relatives who are U.S. citizens with serious problems that complicate their relocation to another country or independent living (for example, a U.S. citizen child with serious health problems).
• Special Immigrant Juvenile Status (SIJS): For children under 18 who cannot be reunited with their parents due to their parents' failure to fulfill their responsibilities, abuse, neglect, or other reasons. A state family court order is required; SIJS status is independent of the parents.

“By the way, marriage with US citizens also provides protection from deportation, but not with a green card holder, but with a US citizen,” she clarified. Muratova.

Immigration lawyer Ekaterina Muratova. Photos from the personal archive

If a person is arrested by ICE agents, how can relatives find him?

If your relative or friend is arrested on the street, at work, in a courthouse, or anywhere else, finding the immigration jail where they are being held is very simple:

1. Go to the ICE website (ice.gov) in the section Detainee Locator.
2. Enter your A-number (immigration number), country of birth and get information about the place of detention.
3. If the A-number is unknown, use the first and last name, but be sure to write it exactly as it appears in your passport.

"If he was arrested today, he wouldn't be in the system yet. But they'll find him in a couple of days," Belt said.Nila Muratova.

You may be interested in: top New York news, stories of our immigrants, and helpful tips about life in the Big Apple - read it all on ForumDaily New Y

Be proactive

Don't wait for notice of deportation or arrest - Better fix your status before the government makes your life difficult.

"People with questionable status need to rush to a lawyer right now and look for ways to legalize their status. It's always more difficult and expensive to fix something once problems have already arisen," Muratova concluded.

This article is for informational purposes only and is not a substitute for professional legal advice. Please contact immigration lawyer Ekaterina Muratova to receive personalized recommendations.

Read also on ForumDaily:

What US work visa can I get instead of the H-1B, which currently costs $100,000? A lawyer's advice.

How to Get a Green Card Through Employment Regardless of Your Occupation: Stories of EB-3 Beneficiaries

Family Immigration Cases: What to Do in Case of Divorce or If the Main Applicant Changes His Mind

Do you want more important and interesting news about life in the USA and immigration to America? — support us donate! Also subscribe to our page Facebook. Select the “Priority in display” option and read us first. Also, don't forget to subscribe to our РєР ° РЅР ° Р »РІ Telegram  and Instagram- there is a lot of interesting things there. And join thousands of readers ForumDaily New York — there you will find a lot of interesting and positive information about life in the metropolis.