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Hi, I'm Hilary Walsh, a serial entrepreneur, award-winning immigration lawyer, law professor,

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TEDx speaker and raving Phoenix Suns fan.

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Over the past decade, I've helped thousands of immigrants live free in the United States.

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I'm talking work permits, social security numbers, green cards, their citizenship,

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VAWA, TV visa, U visa, and lots of successful appeals.

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Here's the thing, immigration law is super complicated and legal advice, well, it can

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be pretty expensive.

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So I created the immigration law made easy podcast to share my 10 plus years of experience

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with you for free.

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So if you're looking for tried and true, no BS, step-by-step strategies and tips on how

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to win your immigration case and live truly free in the United States, you're in the

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right place, my friend.

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Let's get started.

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The idea of being deported is terrifying.

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Let's make sure that through these three tips, we find ways to help you prevent your deportation

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or your family member's deportation.

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I'm Hilary Walsh, I'm an immigration attorney with over 10 years of experience helping people

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stay in the United States.

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And a lot of my clients have gotten to the very bitter end, called me and said, Hilary,

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I need help.

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Please can you make sure that tomorrow I'm not deported.

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And I have never had a client go into an ICE check-in and actually be taken into custody

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and deported.

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It has never happened and I certainly don't want for it to start with you today.

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So if you need help after listening to this, please call me at New Frontier Immigration

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Law.

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This is a video specific for people, this audio is specific for people who are here

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in the Ninth Circuit Court of Appeals.

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So if you're in Arizona or Nevada, California, Washington State, Oregon, California, I think

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I already said California and Hawaii, those are the states that are really going to be

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this advice and my experience and the tips I'm going to share with you about how I stop

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deportations all the time.

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These are really because I practice in the Ninth Circuit and each circuit, for example,

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if you're in Texas and you're in the Fifth Circuit Court of Appeals, the rules are going

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to be different for you.

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Maybe not vastly different, but they're going to be different enough where I don't know

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that this advice is really applicable for you there.

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If you want to have a private consultation with my team, you can definitely reach out

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to me at New Frontier Immigration Law to see if I can help stop your deportation even if

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you're outside of the Ninth Circuit Court of Appeals.

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So today what we're going to talk about are three ways to stop your removal.

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This assumes, of course, that you have been ordered removed.

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So if you're just driving around and you're afraid the ICE is going to come pick you up,

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that you get an offender bender and they're going to realize you're not here without permission,

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unless you've been previously deported before, pretty much in every single state in the United

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States, you're going to be allowed to go see an immigration judge.

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So I want you to know that your existence doesn't mean that someone can just deport

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you.

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You're like, oh, you don't have permission to be here, you're getting deported right

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now.

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Instead, most likely, you would be given what's called a notice to appear and you would be

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taken to immigration court or rather you would be told when you need to go to immigration

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court.

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You might be taken into immigration custody, but the bottom line is that you would have

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the ability to fight your case.

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You would have the ability to show that you have legal reasons for being able to stay

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here.

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This video, by contrast, this information today is specific for you if you've already

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been told, okay, you have presented your case, you want to stay here in the United States,

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but you've been told no, you don't get to stay by an immigration judge.

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So if you haven't been told no by immigration judge yet and you are about to be deported,

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please reach out to me right away because something is wrong in your situation and we

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can quickly fix that on your behalf, okay?

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But if you've been told no, let's start with our first tip on stopping removal, stopping

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your deportation.

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The first tip is if you've been told, you know, no, you cannot stay in the United States,

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you're going to be deported by an immigration judge.

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What I want to say is the majority of people who go to immigration court are told no that

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they don't get to stay.

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But millions of people every year are ordered removed and they don't have to leave and it's

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because they find lawyers like me who help them show that the immigration judge made

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a mistake and they appeal.

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And so that's what I would urge you, that's your number one tip is if you've been ordered

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removed or even granted voluntary departure, you still have a right to appeal and it doesn't

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disrupt whether or not you get to keep your voluntary departure, you can appeal to what's

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called the Board of Immigration Appeals.

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We call that an immigration law, we call them the BIA, the Board of Immigration Appeals,

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okay?

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So you have 30 days from the day that the judge issues his or her decision to when you have

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to file what's called a notice of appeal.

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You can find the notice of appeal to the Board of Immigration Appeals, you can find this

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form.

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You can find it in a three page, four page form, it's very straightforward to fill out.

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Just Google EOIR, notice of appeal.

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And you're going to get a form, it's a PDF, you can fill it out.

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It's important when you're filling it out to explain all the mistakes that the immigration

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judge made and to also be sure to check the box that says you're going to submit a brief

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in support of your appeal.

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You don't need to ask for oral argument.

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I have argued at the Board of Immigration Appeals, but it wasn't even like the cases

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they select are about four a year.

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They're probably not going to pick your case even if you say you want oral argument.

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And in fact, the case that I argued, they didn't even ask for oral argument.

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So the Board of Immigration Appeals is going to do what they want with oral argument whether

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or not you want it.

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So I would just say no on that if I were you, okay?

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But you'll mail that in and as soon as the court clerk, the kind of receptionist for

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the court at the Board of Immigration Appeals in Virginia, as soon as he or she receives

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that and inputs your information into the system, you immediately have a stay of removal.

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What is a stay of removal?

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It means that the government cannot, they have to push pause.

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They cannot deport you.

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A stay means everybody freeze.

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We can't move forward with this deportation.

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And I've had clients who, they were going to be deported if we didn't get the Notice

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of Appeal filed on time.

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And it came down to the wire and thank God it all worked out because they hired me very,

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very late.

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Like as in the next day, the person was slated to be deported.

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So we had a same day filing service in Falls Church, Virginia, hand carry the Notice of

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Appeal with the filing fee.

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There's like $110 filing fee with it.

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Hand carry it and they watched this woman input the case information in and then about

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five minutes later after we, after we had that hand delivered in Falls Church, Virginia

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at the Board of Immigration Appeals, we got a call from the deportation officer that said

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a stay has now been put on your client.

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We cannot deport him.

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We've released him.

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He's going to be going home today.

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It happens that fast.

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So if something is really wrong in your situation, you got a, you know, you're facing imminent

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removal.

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This is a great opportunity for you.

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You absolutely should file an appeal.

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Even if the immigration judge has granted you voluntary departure, I would still appeal

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because it gives you time to get your affairs in order.

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You can always withdraw the appeal if you want, but while you're getting everything

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sorted out, you have a stay of removal.

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Now the important thing on this tip is it only works if you file the Notice of Appeal,

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that form I said you can go Google and get the form to download it and send it in.

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It only works if the court clerk receives it within 30 days of when the decision was

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issued.

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Okay.

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If the judge hands you the decision on May 1st and the court clerk in Virginia at the

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Board of Immigration Appeals receives your Notice of Appeal on June 1st, you are a day

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too late and they may not accept it.

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Okay.

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They have the discretion.

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They can make the decision about whether or not to accept your late appeal and that can

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be a really big problem for you down the road.

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So just do whatever you can to make sure to get it filed within 30 days.

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Now if you've missed that 30 days and let's say that an immigration judge ordered you

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remove like five years ago and you never appealed it, you didn't do anything.

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The convert and now you're facing removal and you've got a letter called a bag and baggage

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letter saying bring your stuff and show up at such and such date for your removal from

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the United States.

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So I would immediately look at in your situation is can I file a motion to reopen and show

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the immigration judge that something has changed materially in the past five years.

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That's for a separate, that's a whole separate conversation.

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So we're not going to get into that today.

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But what I want to say is for those who are listening and they're like, okay, so you're

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telling me that if I didn't file it within 30 days, this tip doesn't apply to me.

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What I'm saying is, yeah, this tip may not apply to you, but not all hope is lost.

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Reach out, maybe we can help you with probably what would be a motion to reopen or even a

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motion to reissue the decision to restart your 30 days.

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That's also a possibility.

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Okay, there's tip number one.

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Tip number two is if you filed an appeal, immigration judge denied you said you've got to go.

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You appeal to the board of immigration appeals and they deny you.

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And again, just like with most people getting denied at immigration judge level, most people

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are also denied at the board of immigration appeals level.

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So don't give up hope.

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Don't feel like, wow, my case must really suck.

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Know my friend, it's just that the immigration court system is very strict.

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The rules are very difficult.

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Proving your case is very challenging.

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But because judges are humans, the judges at the immigration judge level often will make

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mistakes that we can appeal.

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And at the board of immigration appeals, those officers also make mistakes.

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And so we can also appeal those mistakes to the next level.

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And that's the Ninth Circuit Court of Appeals.

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The document that you want to file within, again, 30 days of the board of immigration

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appeals decision is called a petition for review.

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This is to the Ninth Circuit Court of Appeals.

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And as soon as that petition for review is filed, boom, as soon as it's input into the

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system, you have an automatic stay of removal.

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So just like how we were talking about with the board of immigration appeals, as soon

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as the court clerk puts your info in on an appeal, you get a stay.

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Your deportation cannot happen.

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Can't touch this kind of a moment.

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The same thing happens with the Ninth Circuit case.

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However, in your petition for review, you have to ask for the stay.

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I've seen a lot of rookie practitioners, all of us, it's always been our first time at

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some point where we file our first petition for review and they don't ask for a stay of

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removal.

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And so what I'm gifting you is in our show notes, I'm going to include a generic, no

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client name, my firm name is not on it, but I'm gifting you a sample petition for review

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that we use in my firm.

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It's less than three pages long and we use really big font so that you can see exactly

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what you need to say, you have to fill in the date information for when the board issued

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your decision and where the court was, where the immigration court was.

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But you'll see that it's just basically a sentence.

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We also ask for a temporary stay of removal.

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And boom, you're going to have the case open and you're going to have a stay of removal.

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It's automatic in the Ninth Circuit.

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I will contrast this with saying, if you file the same document in Texas with the Fifth

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Circuit Court of Appeals, there is no automatic stay of removal there.

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They can deport you and I have had a client deported from the Fifth Circuit while his

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case, he was an Indian man, detained, I feel like I can't remember the exact place where

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he was detained, but he was detained, his petition for review was still pending, his

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stay of removal was still pending, no judge had made a decision on it and he was deported

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right out from under my nose.

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So in the Ninth Circuit, that sort of thing never would have happened.

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And I really stress that these tips are helpful, but I'm a Ninth Circuit practitioner for

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a reason and it's because we can actually get a lot of leverage and really help you

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win out here in the Ninth Circuit.

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So you file your petition for review, you get a stay of removal, it's amazing.

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Now what if the Board of Immigration Appeals, this is our tip number three by the way, tip

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number one, file an appeal, notice of appeal within 30 days, tip number two, that's from

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the immigration judge, tip number two is file a petition for review from the Board of Immigration

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Appeals to the Circuit Court.

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A lot of crazy words here, but I promise this is doable.

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Don't give up on yourself here.

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Tip number three is, okay, my case, I appealed it to the Board of Immigration Appeals or

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I filed a motion to reopen, but I'm about to get deported.

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What do I do?

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My motion to reopen hasn't been adjudicated in particular.

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This is like, this happens a lot.

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It takes like two years for the Board of Immigration Appeals to make a decision on motions to reopen

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that's pending before it because there's so many motions to reopen pending that there's

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a long line.

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The problem is when ICE says you need to show up for your removal on May 31st and the Board

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of Immigration Appeals is just sitting on your motion to reopen.

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For example, let me use a specific case that I had.

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I had a client, he entered the country, he was seeking asylum.

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He came to the border in Arizona, turned himself in and said, I'm here to seek asylum.

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He was taken to the detention center in Eloi, Arizona.

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He lost his case, but we were able to file an appeal to the Board of Immigration Appeals

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and then he paid a bond and got out of the detention center.

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All good.

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Fast forward a couple of years and the Board of Immigration Appeals denies his case.

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Meanwhile, however, he gets married to a US citizen who files a petition and now this gentleman

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who was ordered removed is now eligible for a green card.

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We file a motion to reopen the case.

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Meanwhile, ICE is saying this guy needs to show up because we're going to deport him.

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Whoa, big problem because he's clearly eligible to get his green card.

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It's just I have to go through the court process to help him.

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But ICE was not caring at all.

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I was going to say something else.

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ICE was not giving any you-know-what.

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They were saying this guy needs to show up.

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If he doesn't show up, we're going to take his bond money back and we could come to his

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home and take him directly from his home.

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So very stressful situation.

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So I did tip number three, which is to file a preemptive petition for review.

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Immigration attorneys, most immigration attorneys have never heard of this, but it is a really

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cool trick that I have up my sleeve.

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It is totally on the up and up.

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Anybody can do it.

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It's not just me.

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But I filed a preemptive petition for review basically saying that the Board of Immigration

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Appeals is likely to deny this motion to reopen and they're going to do it on an erroneous

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basis.

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Therefore, I'm filing this petition for review before they've actually denied it in order

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to prevent further irreparable harm to my client, which would be his removal from the

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country that he's eligible for a green card in.

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So that's your tip number three is a preemptive petition for review.

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I don't think this works that I'm aware of only the Ninth Circuit allows for preemptive

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petition for review.

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And even then it's not very long lived.

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Like that case, I was able to prevent my client's removal immediately, which was amazing.

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And then that case ended up getting closed about eight weeks later because the Board

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of Immigration Appeals still hadn't issued a decision.

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Okay.

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So number one, if the IJ, the immigration judge has denied you, file a notice of appeal.

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That's going to right away, get you some relief to be able to sleep at night.

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If you have missed the 30 day window, you should call me because maybe we can file a

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motion to reissue or a motion to reopen.

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Tip number two is if the Board of Immigration Appeals denied your case, act fast because

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you've got less than 30 days.

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You got basically exactly 30 days to get your petition for review filed, which here in the

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Ninth Circuit is going to help you have a stay of removal, a pause on your deportation,

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write as soon as that case is open, which is going to help you sleep really good at night.

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Third, even if the Board of Immigration, maybe you have a motion to reopen pending and the

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Board of Immigration Appeals hasn't adjudicated your motion to reopen yet, they haven't made

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a decision.

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You can file a preemptive petition for review.

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And that is a really amazing option for people that I don't think nearly enough people know

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about.

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Last but not least, I'm going to give you a bonus tip before we go today is you should

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look into asking ICE for a stay.

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And I-246 is the form, just like 2468.

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It's I-246.

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It also has $110 filing fee.

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But what you do is you explain all the reasons that ICE shouldn't deport you right now.

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And the best reason is to show that you have another form of relief available to you, that

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you're actively pursuing.

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So you never know whether ICE is going to grant it or not.

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But if they do, that means you've got a final order of removal and they're probably going

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to give you what's called an order of supervision.

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And we can then use that in many cases to file for a work permit for you, which will

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allow you to have a driver's license.

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So if you're already in the system and you're already kind of going through some stressful

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time, reach out because there are so many different options available to you.

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Do not give up hope.

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I mean, I have had people pulled off of planes when I have filed petitions for review and

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stopped their removal.

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I wasn't able to help my gentleman in India because that it just doesn't work like that

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in Texas, unfortunately.

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But if you're out here in Arizona or California, Oregon, Washington, Nevada, I'm sure I'm missing

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Hawaii and other state.

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If you're out here, the ninth circuit is such a great circuit to be in and you have a lot

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of options available.

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If this has been helpful, I really hope that you'll share it with a friend and I hope you

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have a really wonderful day.

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My friend, I'm so glad you joined me today.

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If you have a friend or family member who may need some immigration law guidance or even

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just day-to-day encouragement, please send them a text or email or a DM on social media

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and say, hey, I think this podcast is going to help you.

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I sure wish someone had given me the tips I'm sharing here years and years ago when

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I was starting out as an immigration lawyer.

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Thank you so much for being here.

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I'll see you next week.

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Same time, same place.

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Adios.