An Outstanding Order of Removal refers to an immigration court’s final and enforceable order directing a foreign national’s removal from the country. This order becomes “outstanding” when it has not yet been executed, meaning the individual has not yet been deported despite the order’s issuance.

Details:

An Outstanding Order of Removal indicates that the legal process for removal has been completed, and the individual is required to leave the country. The order remains in effect until it is executed or otherwise resolved.

Process Leading to an Outstanding Order of Removal:

1. Issuance of Notice to Appear (NTA): The removal process begins with the issuance of an NTA, outlining the charges and setting a date for the removal hearing.
2. Removal Hearing: The individual appears before an immigration judge to contest the charges and seek any available relief.
3. Immigration Judge’s Decision: If the judge determines that the individual is removable and no relief is granted, an Order of Removal is issued.
4. Appeals: The individual may appeal the judge’s decision to the Board of Immigration Appeals (BIA) and, if necessary, to the federal courts. Once all appeals are exhausted or waived, the order becomes final and enforceable.

Consequences of an Outstanding Order of Removal:

1. Deportation: The individual is subject to deportation at any time. Immigration authorities may detain and remove the individual once the order is outstanding.
2. Bars to Reentry: An Outstanding Order of Removal typically includes a bar to reentry, preventing the individual from legally returning to the country for a specified period, often five or ten years.
3. Impact on Immigration Benefits: The individual may be ineligible for certain immigration benefits, such as visas or adjustment of status, due to the outstanding order.
4. Criminal Penalties: If the individual reenters the country illegally after removal, they may face criminal penalties, including imprisonment.

Reasons for an Outstanding Order of Removal:

1. Failure to Appear: If the individual fails to appear for their removal hearing, the judge may issue an order in absentia, resulting in an Outstanding Order of Removal.
2. Voluntary Departure: If an individual granted voluntary departure fails to leave within the specified period, the voluntary departure order converts to an Outstanding Order of Removal.
3. Pending Appeals: The order remains outstanding while appeals are pending and until all legal avenues are exhausted.

Managing an Outstanding Order of Removal:

1. Stay of Removal: The individual can request a stay of removal to temporarily halt deportation, often while legal motions or applications are pending.
2. Motions to Reopen: Filing a motion to reopen the case based on new evidence or changed circumstances can potentially overturn the order.
3. Legal Representation: Engaging with an immigration attorney is crucial to navigate the complexities and explore possible relief options.

Relief from an Outstanding Order of Removal:

1. Cancellation of Removal: Certain individuals may apply for cancellation of removal based on specific criteria, such as continuous presence and good moral character.
2. Asylum or Withholding of Removal: Individuals fearing persecution in their home country can apply for asylum or withholding of removal as a defense against deportation.
3. Deferred Action: In some cases, immigration authorities may grant deferred action, temporarily deferring the execution of the removal order for humanitarian or other reasons.

Enforcement of an Outstanding Order of Removal:

1. Detention: Immigration authorities may detain individuals with an outstanding order to ensure compliance with the removal process.
2. Coordination with Home Country: Authorities coordinate with the individual’s home country to obtain travel documents and arrange transportation for deportation.
3. Monitoring: Even if not immediately detained, individuals with an outstanding order are often closely monitored and subject to enforcement actions.

Etymology:

The term “outstanding” comes from the Old English “utstandan,” meaning “to stand out” or “remain.” “Order” comes from the Latin “ordinare,” meaning “to arrange.” “Removal” is derived from the Latin “removere,” meaning “to move back” or “to take away.”