Can I be deported while I am waiting for a decision from the BIA?
In most cases, the INS is not prohibited from deporting you. However, it also depends on the type of appeal that is filed. Some have an automatic stay of deportation; others do not. For example, if you appeal the judge’s decision to have you removed or deported, you generally cannot be deported while the Board is making its decision on your appeal. If you are already in deportation proceedings and file an appeal of the judge’s denial to reopen your case because you failed to appear at the hearing, you generally will not be deported pending the decision of the BIA.
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