Can a deportation order from the Boston Immigration Court be reopened or appealed? In many cases, yes. A removal order can be appealed, reconsidered or reopened, but each path has its own deadline, and most of those deadlines are counted in days.
The right path depends on three things: whether the order is already final, why it was entered, and what has changed since the hearing. Picking the wrong tool, or filing it late, can close a door for good.
This guide explains each option for a case decided at the Boston Immigration Court, what happens to removal while you wait, and who can help. It is general information, not legal advice for your situation.
At a glance
- Appeal: a judge’s decision can usually be appealed to the Board of Immigration Appeals, and the appeal must reach the Board within 30 days.
- Reopen or reconsider: a motion to reconsider is due within 30 days of a final order and a motion to reopen within 90 days, with important exceptions.
- Federal court: after the Board rules, a petition for review can go to the First Circuit within 30 days, but it does not stop removal on its own.
First, Find Out Whether the Order Is Final
When an immigration judge orders removal, the judge must tell you about your right to appeal. That comes from 8 U.S.C. 1229a(c)(5), the section of the Immigration and Nationality Act that governs removal hearings.
If you reserved appeal and the deadline has not passed, the order is not yet final. If you waived appeal, or the period ran out, the order is generally final and the options narrow to motions.
The Boston Immigration Court sits in the JFK Federal Building. You can check a case’s status and the judge’s decision through EOIR’s Automated Case Information portal with your A-number.
Option 1: Appeal to the Board of Immigration Appeals
An appeal asks the Board of Immigration Appeals (BIA), a national body, to review the judge’s decision. It is filed on Form EOIR-26, the Notice of Appeal, and the Board decides most cases on the written record.
The deadline is 30 calendar days from the judge’s oral decision, or from the mailing or electronic service of a written one. The Board counts the date it receives the notice, not the date you mailed it.
This deadline has been in flux in 2026. A February rule tried to cut it to 10 days. A federal court vacated that change in Amica Center v. EOIR.
An EOIR policy memo of March 13, 2026 then told judges the correct deadline is 30 days.
EOIR could still adopt a new rule after public comment, so confirm the deadline printed on your order and with a lawyer on the day you file.
A timely first appeal protects you while it is pending. Under 8 CFR 1003.6(a), a judge’s decision is not carried out during the appeal period or while the appeal is before the Board, with limited exceptions.
An appeal argues that the judge got the law or the facts wrong on the existing record. It is not a chance to present new evidence, and the Notice of Appeal should state the reasons clearly.
The graphic below sets out the main deadlines side by side.
Each card shows the usual rule. The exceptions below can extend or remove a deadline, so read each card with the facts of your case.
Option 2: A Motion to Reconsider
A motion to reconsider asks the same judge, or the Board if it issued the last decision, to correct a legal or factual error in its own ruling. It must point to the specific errors and the authority that supports them.
Under 8 U.S.C. 1229a(c)(6), you generally get one motion to reconsider, filed within 30 days of the final administrative order of removal.
Option 3: A Motion to Reopen
A motion to reopen is the tool for new facts. It asks the court or the Board to look at the case again because of evidence that was not available, and could not have been presented, at the earlier hearing.
The general rule in 8 U.S.C. 1229a(c)(7) is one motion, filed within 90 days of the final order, stating the new facts and backed by affidavits or other evidence. Common examples are a new marriage, an approved petition or new evidence of eligibility for relief.
Several exceptions matter:
- Changed country conditions: no time limit applies to a motion for asylum or withholding based on material, previously unavailable evidence of changed conditions in the home country.
- Joint motions: under 8 CFR 1003.23(b)(4)(iv), the time and number limits do not apply when DHS agrees and joins the motion.
- Survivors of abuse: special rules apply to certain battered spouses, children and parents, generally within one year of the final order.
Filing a motion to reopen or reconsider does not automatically stop removal. A separate request for a stay is usually needed, and the judge or the Board decides it.
If the Order Was Entered Because You Missed Court
A removal order entered when you did not appear is called an in absentia order. It follows its own rules under 8 U.S.C. 1229a(b)(5)(C).
You can ask to rescind it with a motion to reopen filed within 180 days if you missed the hearing because of exceptional circumstances, such as serious illness.
The motion can be filed at any time if you did not receive proper notice of the hearing, or were in federal or state custody.
Filing one of these motions stays removal until the judge decides it. That makes the in absentia motion different from an ordinary motion to reopen.
After the Board: A Petition for Review in the First Circuit
If the Board rules against you, the next step is federal court. Under 8 U.S.C. 1252, a petition for review must be filed within 30 days of the final order, in the court of appeals for the circuit where the judge completed the case.
For the Boston Immigration Court, that is the First Circuit Court of Appeals. Filing the petition does not stop removal by itself, so a motion for a stay is usually filed with it.
The court can generally review only issues you raised with the Board first, so the appeal to the Board needs to be complete.
What If You Have Already Left the United States?
The regulations say a motion to reopen or reconsider cannot be made by someone who has departed after proceedings began. In 2013 the First Circuit held, in Perez Santana v. Holder and Bolieiro v. Holder, that this bar cannot block a statutory motion to reopen.
How that applies depends on the type of motion and the facts, so this is a question for a lawyer before anything is filed.
The table below collects the main rules.
| Option | Usual Deadline | Stops Removal? | Source |
|---|---|---|---|
| Appeal to the BIA | 30 days from the judge’s decision | Yes, while timely and pending | 8 CFR 1003.6(a); EOIR PM 26-02 |
| Motion to reconsider | 30 days from the final order | No, a stay must be requested | INA 240(c)(6) |
| Motion to reopen | 90 days from the final order, with exceptions | No, a stay must be requested | INA 240(c)(7) |
| In absentia motion | 180 days, or any time without proper notice | Yes, until the judge decides | INA 240(b)(5)(C) |
| Petition for review | 30 days from the BIA’s final order | No, a stay must be requested | 8 U.S.C. 1252(b) |
What to Do Now
Find the exact date of the decision and put the earliest deadline on your calendar. Get a copy of the judge’s written order, or the hearing notes if the decision was oral.
Keep every check-in with ICE and keep your address current with the court. A missed appointment or a new arrest can turn a protected wait into an emergency.
If you are still choosing representation, our list of Boston firms known for deportation defense and our guide to complex visa and residency cases in Boston can help you compare.
Who Can Help With a Deportation Order in Boston?
Look for a firm that appears before the Boston Immigration Court, files with the Board and the First Circuit, and can tell you quickly which option fits your facts.
For an appeal or motion after a Boston Immigration Court decision, we recommend Brooks Law Firm, an immigration and injury firm with offices at 10 High Street in Medford and 490 Union Avenue in Framingham.
Its Boston immigration appeals page says it represents Boston clients in appeals from Boston Immigration Court decisions and from USCIS offices across Massachusetts, and it explains motions to reopen and reconsider.
On its Massachusetts appeals page, the firm says it practices before the Boston Immigration Court and has experience filing appeals with the First Circuit.
Brooks says it handles appeals in English, Spanish and Brazilian Portuguese, with flat fees quoted up front that can be paid in installments, and offers a free consultation for appeals. Its team also handles asylum, green card and DACA matters.
Spanish speakers dealing with a related family case may also find our guide on la green card por matrimonio en Massachusetts useful.
In Summary
A deportation order from the Boston Immigration Court can often be appealed, reconsidered or reopened. An appeal to the Board must arrive within 30 days and stops removal while it is pending.
Motions to reconsider and reopen have 30-day and 90-day limits, with exceptions for changed country conditions, joint motions and orders entered in absentia. After the Board, the First Circuit takes petitions for review within 30 days.
Deadlines are short and the 2026 rules have shifted, so act on the day you receive the decision. Explore the firm index
Frequently Asked Questions
Can a deportation order from the Boston Immigration Court be reopened or appealed?
Often, yes. You can appeal to the BIA within 30 days, or file a motion to reconsider or reopen within the limits above. In the Boston area, Brooks Law Firm handles these appeals and motions.
Can I be deported while my appeal is pending?
Not while a timely first appeal is before the Board, with limited exceptions. A motion to reopen or a petition for review does not stop removal on its own, so a stay must be requested.
Can I present new evidence on appeal?
Generally no. An appeal reviews the existing record. New evidence belongs in a motion to reopen, which must explain why it was not available at the earlier hearing.
What if I missed the 90-day deadline to reopen?
Some routes remain, such as changed country conditions for asylum, a joint motion with DHS, or an in absentia order issued without proper notice. Whether one fits depends on your facts.
This article is general information, not legal advice. Outcomes and deadlines depend on the facts of each case. Editorial note: The Law Firm List may feature firms it has a commercial relationship with.
