An Order of Removal is a formal decision issued by an immigration judge or an authorized official directing that a foreign national be removed (deported) from the country. This order is issued after a legal proceeding in which it is determined that the individual has violated immigration laws.

The issuance of an Order of Removal signifies the conclusion of the removal proceedings and the determination that the individual must leave the country. This process involves several stages, from the initiation of removal proceedings to the final order.

Initiation of Removal Proceedings:

1. Notice to Appear (NTA): The process begins with the issuance of a Notice to Appear (NTA), which details the charges against the individual and schedules a hearing before an immigration judge.
2. Detention or Release: Depending on the circumstances, the individual may be detained or released on bond pending the outcome of the removal proceedings.

Removal Proceedings:

1. Master Calendar Hearing: The initial hearing where procedural issues are addressed, and the charges are reviewed. The individual can plead to the charges and may request relief from removal.
2. Merits Hearing: A detailed hearing where evidence is presented, and witnesses may testify. The individual can present a defense and apply for any eligible relief, such as asylum, cancellation of removal, or adjustment of status.
3. Decision: After considering the evidence and arguments, the immigration judge issues a decision. If the judge rules that the individual is removable and no relief is granted, an Order of Removal is issued.

Consequences of an Order of Removal:

1. Deportation: The individual is physically removed from the country. This can be done through voluntary departure, if granted, or enforced removal.
2. Bars to Reentry: An Order of Removal typically includes a bar to reentry, which can last from five years to permanently, depending on the case’s specifics and whether the individual reenters the country illegally after removal.
3. Future Immigration Applications: The individual may face significant hurdles in applying for future visas or immigration benefits due to the removal order.

Appealing an Order of Removal:

1. Board of Immigration Appeals (BIA): The individual has the right to appeal the immigration judge’s decision to the BIA. The appeal must be filed within 30 days of the order.
2. Federal Courts: If the BIA denies the appeal, the individual can seek judicial review in the appropriate federal circuit court of appeals.
3. Stay of Removal: During the appeal process, the individual may request a stay of removal to prevent deportation until the appeal is decided.

Relief from an Order of Removal:

1. Motions to Reopen or Reconsider: The individual can file a motion to reopen or reconsider the case based on new evidence or legal errors in the original decision.
2. Deferred Action: In certain circumstances, such as those involving humanitarian concerns, the government may grant deferred action, temporarily halting the removal process.
3. Waivers: Some individuals may be eligible for waivers that allow them to remain in the country despite the removal order, especially if they have U.S. citizen or permanent resident relatives who would suffer extreme hardship.

Enforcement of Removal Orders:

1. Coordination with Other Countries: The host country coordinates with the individual’s country of origin to secure travel documents and arrange transportation.
2. Detention and Transport: The individual may be detained until removal and then transported to their home country.
3. Post-Removal Monitoring: Immigration authorities may monitor individuals who have been removed to ensure compliance with the order and prevent illegal reentry.

Etymology:

The term “order” comes from the Latin “ordinare,” meaning “to arrange.” “Removal” is derived from the Latin “removere,” meaning “to move back” or “to take away.”