What Is a Final Order of Deportation? (And What You Can Do Next)

When you hear the phrase final order of deportation, it can feel like the end of the road. But in immigration law, “final” doesn’t always mean you’ll be removed immediately. A final removal order is the point at which the U.S. government is legally allowed to attempt to deport you, but depending on your situation, there may still be important steps you can take.

A removal order becomes “final” at different times, depending on whether you appealed, waived appeal, missed court, or overstayed voluntary departure. Even then, enforcement can be delayed by appeals or stays of removal.

At Law Group International, we help immigrants and their families understand exactly where they stand in the deportation process and what options remain. If you or a loved one has received a removal order, contact us today for a confidential case review.

What “Final” Means Under the Rules

Under 8 CFR § 1241.1, there are six main ways a deportation order becomes final:

The Board of Immigration Appeals (BIA) dismisses your appeal.
You waive appeal at your hearing.
The 30-day appeal period expires without you filing.
The case is certified to the BIA or Attorney General and decided.
An in-absentia order (for missing court) becomes final immediately.
An alternate removal order tied to voluntary departure becomes final if you overstay or fail to post the voluntary departure bond within 5 business days.

When Is My Order Final?

Case Outcome	When the Order Becomes Final
IJ denied relief + you reserved appeal	Not final until BIA decision (or missed 30-day deadline).
IJ denied relief + you waived appeal in court	Final that same day.
IJ issued in-absentia order	Final immediately.
Voluntary departure with alternate removal order	Final if you overstay VD or fail to post VD bond.

Read the full regulation here (8 CFR § 1241.1).

The 30-Day Appeal Clock (and Why It Matters)

If the immigration judge denies your case, you generally have 30 calendar days to file an appeal with the BIA using Form EOIR-26. The BIA must receive your appeal within that time—mailing on the 30th day is not enough. If the deadline falls on a weekend or holiday, it rolls to the next business day.

Learn more about the BIA appeals process here.

What Happens After It’s Final (ICE, Detention, and Timelines)

Once your order is administratively final, the 90-day removal period begins. During this time:

ICE can detain you. Detention is mandatory for the first 90 days if you are in custody.
ICE’s Enforcement and Removal Operations (ERO) may request travel documents and schedule removal.
If you’re not removed within 90 days, you may be placed on supervision with check-ins.

See ICE’s guidance on removals.

Options Even After a Final Order (Act Fast)

Even with a final order, you may still have legal options:

Appeal (if time remains): File EOIR-26 within 30 days. Consider requesting a stay of removal if deportation is imminent.
Motions to Reopen or Reconsider: These do not carry automatic stays, you often need to separately request a stay from the BIA or a federal court. See the American Immigration Council’s advisory on stays.
Administrative Stay with ICE (Form I-246): A discretionary option filed with ICE. Download the form here.
Automatic Stays: These exist only in limited situations under EOIR rules, don’t assume they apply.

How to Check If Your Order Is Final

You can check your case status:

Online via EOIR’s Automated Case Information System (ACIS)
By phone at 1-800-898-7180 (enter your A-number)

But remember, your official court documents control. ACIS is a convenience tool and may lag behind. Always keep your address updated with Form EOIR-33 to avoid missing important notices.

Consequences of a Final Order

With a final order:

The government is authorized to deport you.
You may be detained during the removal period.
If not deported immediately, you may be placed under supervision.
Reentry bars often apply, commonly 10 years after deportation, depending on your case.

See the Legal Information Institute explainer for more.

Common questions about Final Orders of Deportation

Is a final order the same as being deported?
No. It means the government has the authority to deport you, but removal may be delayed.

If I file a BIA appeal on day 29, am I safe?
Not automatically. You may need to request a stay of removal.

I missed court and got an in-absentia order. What now?
Ask about filing a motion to reopen if you missed court due to lack of notice or exceptional circumstances. Request a stay to avoid removal while it’s pending.

What if I had voluntary departure?
If you overstay voluntary departure or fail to post the bond, your alternate removal order becomes final.

Get Help Today

If you have a removal order, don’t wait, your deadlines and options may be running out. At Law Group International, we offer:

Free 15-minute order reviews
Guidance on whether your order is final
Appeal and motion strategies
Same-day stay of removal requests when needed

Visit our Deportation Defense Service or call our Alexandria office today to protect your rights and fight for your future in the U.S.