Home › Removal defense › After a removal order

After a removal order: ICE check-ins, stays of removal and reentryAfter a Final Order of Removal: ICE Check-ins, Stays, Reentry Bars and Third-Country Removal

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Read this first: ① First find out whether the removal order is already "final" and on what date it became final; this determines which remedies and deadlines remain. ② Go to ICE check-ins on time — not going usually has worse consequences; but since 2025 people have been detained on the spot at check-ins much more often, so have an attorney assess your case before a check-in, and arrange your important documents and contacts. ③ A person with a removal order who leaves the United States on their own is generally treated by law as having been removed, which triggers a bar to entry of many years; reentering later without permission has even more serious consequences and may be a federal crime. ④ Filing a request for a stay of removal with ICE (I-246) does not automatically stop the removal from being carried out.

Having a removal order does not necessarily mean you will be removed right away, nor that nothing can be done. Many people received removal orders years ago (including in absentia orders for missing a hearing) and have since checked in regularly under ICE supervision and worked lawfully; others had no lawyer at the time and missed relief they could have applied for. But the enforcement environment has changed greatly in the past two years: detention at check-ins, removal to third countries and civil fines have all increased. This page explains when a removal order takes effect, your rights and obligations under ICE supervision, the stay and reopening options available, and the legal consequences of reentering after removal.

When a removal order becomes "final"

Under 8 CFR 1241.1, an immigration judge's removal order becomes a final order of removal at the following points:

when the Board of Immigration Appeals (BIA) dismisses the appeal;
when the person waives appeal in court;
when the appeal deadline passes with no appeal filed: the deadline to appeal to the BIA is currently 30 days after the judge's decision (an interim final rule issued by EOIR in February 2026 had shortened the deadline to 10 days, but that part was vacated by the U.S. District Court for the District of Columbia in March 2026, and EOIR then confirmed that the deadline remains 30 days; EOIR may adjust it again through formal rulemaking — verified as of October 11, 2026);
in absentia removal order (the person did not appear): final when entered, cannot be appealed to the BIA, and can only be addressed through a motion to reopen;
when voluntary departure was granted but the person did not depart within the deadline: the alternate order of removal takes effect automatically.

Once a removal order becomes final, the deadline to file a petition for review in a federal court of appeals is generally 30 days (INA 242(b)(1)). In Riley v. Bondi (2025), the Supreme Court held that this deadline is a "claim-processing rule" rather than a jurisdictional rule, but that does not mean you can file late at will; meet the deadline strictly.

If you are unsure of your situation, you can enter your A-number in EOIR's Automated Case Information system, or obtain the court record and DHS file through a Freedom of Information Act (FOIA) request (see the Form G-639 guide).

The removal period and ICE detention and release

90-day removal period: after a removal order becomes final (or after a reviewing court's stay ends, or after the person is released from non-immigration custody), a 90-day removal period begins, during which the law requires ICE to detain the person (INA 241(a)(1)–(2)). If the person does not cooperate, for example in obtaining travel documents, the removal period can be extended.
After the removal period: if the person has not been removed, ICE can release them under an Order of Supervision (INA 241(a)(3)), or continue detention with periodic custody reviews (8 CFR 241.4).
Limit on length of detention: in Zadvydas v. Davis (2001), the Supreme Court held that detention after a removal order is limited to the time reasonably necessary to bring about removal, with six months generally presumed reasonable; after six months, if there is no significant likelihood of removal in the reasonably foreseeable future, the person can seek release (8 CFR 241.13), and if necessary seek federal court review through habeas corpus. See Detention and bond.

ICE check-ins and the Order of Supervision (I-220B)

People released under an Order of Supervision receive Form I-220B (Order of Supervision), which lists the conditions they must follow, usually including:

reporting to an ICE office on specified dates, or checking in by phone or smartphone app, possibly with alternatives to detention (ATD) such as an ankle monitor;
cooperating in obtaining a passport or travel document by applying to their country's consulate and submitting proof of the application;
notifying ICE as required before moving or changing jobs;
not committing any crimes; leaving the state or traveling for an extended period may require advance notice;
undergoing medical or psychological evaluations as required, etc.

Preparing for a check-in:

Have an attorney first review your complete immigration record and assess whether there is a basis for a motion to reopen, a stay of removal or other relief; if there is, it is best to file before the check-in and bring proof of filing.
Bring your I-220B, identity documents, receipts for applications already filed, and your attorney's G-28 or contact information.
Arrange family matters: child care, powers of attorney, emergency contacts, medications, where important documents are kept, and make sure your family knows your A-number.
If you are detained, your family can find you through ICE's Online Detainee Locator and should contact an attorney immediately.

The risks of not checking in: failing to check in on time is usually treated as a violation of the supervision conditions, may make you an enforcement priority, and can hurt any future request for discretionary relief (including stays of removal, work permits and I-212). Decide whether and how to check in after discussing it with an attorney; do not simply stop checking in on your own.

The (c)(18) work permit

People released under an Order of Supervision can use the I-220B to apply for work authorization on Form I-765 under category (c)(18) (8 CFR 274a.12(c)(18)). Approval is at USCIS's discretion and takes into account factors such as whether there are dependents to support, when removal is expected, and whether the person is cooperating with removal (8 CFR 241.5(c)). The work permit does not change the removal order itself and is not lawful status.

Note: in June 2026, DHS published a proposed rule that would narrow (c)(18) eligibility to very few situations (for example, where DHS has confirmed that every country asked will not issue travel documents) and add other restrictions. As of October 11, 2026, we have found no indication that the rule has been finalized or taken effect; a proposed rule does not by itself change current rules, but check the latest rules before filing or renewing.

Requesting a stay of removal

Route	Filed with	Key points
I-246 administrative stay	ICE (Enforcement and Removal Operations field office)	Purely discretionary; filing does not by itself stop removal; a denial cannot be appealed; requires a valid passport or proof of having applied for a travel document, plus supporting reasons (medical, family, pending applications, etc.). See the Form I-246 guide
Automatic stay during a BIA appeal	—	When an immigration judge's removal decision is timely appealed to the BIA, the removal order generally is not carried out while the appeal is pending (8 CFR 1003.6(a))
Stay requested with a motion to reopen	Immigration judge or BIA	A motion to reopen generally does not automatically stay removal, so a stay must be requested at the same time; a motion to rescind an in absentia order on grounds such as lack of notice automatically stays removal by law while the immigration judge decides the motion (INA 240(b)(5)(C))
Federal court of appeals stay	Federal circuit court of appeals	A petition for review does not by itself stay removal, so a stay must be requested separately; the court applies the four-factor standard of Nken v. Holder (2009), including likelihood of success and irreparable harm

A stay only pauses enforcement; it does not erase the removal order. Once a stay is granted, use that time to pursue the routes that can actually solve the problem (reopening, appeal, an application for status).

Motions to reopen: can the removal order be undone?

A motion to reopen asks the immigration judge or the BIA to reopen a closed case. Common situations include:

an in absentia order: the person did not receive notice of the hearing, or could not appear because of "exceptional circumstances" (the latter generally must be filed within 180 days);
new evidence or relief that could not have been presented earlier, such as a material change in country conditions, marriage to a U.S. citizen, or a family-based priority date becoming current (generally one motion must be filed within 90 days, with exceptions);
serious ineffective assistance by the prior lawyer (subject to specific procedural requirements);
asking DHS to file a joint motion, or asking the judge to reopen sua sponte (the standard is very strict).

Reopening deadlines and exceptions are complex; see In absentia orders and motions to reopen. In addition, people with a removal order who want to obtain a green card through a family petition often also need to deal with I-212 and other waiver issues; for example, a person with a removal order must first obtain conditional approval of an I-212 before applying for an I-601A provisional waiver.

Consequences of departing and of reentry after removal

The following is an objective explanation of the legal consequences, meant to help you avoid ending up in a more serious situation.

Leaving on your own also counts as removal

When a person with a final removal order leaves the United States on their own, the law generally treats the removal order as having been executed (8 CFR 1241.7), which triggers the same bars to entry described below. "If I just leave, it's fine" is a common misconception.

INA 212(a)(9)(A): bars to entry after removal

People ordered removed in immigration court proceedings (or within the United States): may not enter for 10 years after removal; 20 years for a second or subsequent removal; permanently if an aggravated felony is involved.
People removed through expedited removal or ordered removed upon arrival: generally 5 years (20 years for a second removal).
To return to the United States within the bar period, you must first obtain the consent of the Department of Homeland Security by applying on Form I-212 (permission to reapply for admission), which the government decides at its discretion.

INA 212(a)(9)(C): the "permanent bar"

The following two groups are permanently inadmissible if they enter or attempt to enter without permission:

people who accrued more than one year of unlawful presence in total, departed, and then entered or attempted to enter without permission;
people who were ordered removed and then entered or attempted to enter without permission.

These people generally must remain outside the United States for 10 years before they can apply for permission to reapply for admission on Form I-212; there is generally no remedy from inside the United States (with exceptions for a few situations such as domestic violence victims).

INA 241(a)(5): reinstatement of the prior removal order

For people who reenter unlawfully after being removed or departing under a removal order, DHS can directly reinstate the prior removal order, with no new court proceeding. The prior order cannot be reopened or reviewed, and as a rule the person cannot apply for any relief; the only exception is that a person afraid to return can request a reasonable fear interview and seek withholding of removal or protection under the Convention Against Torture (CAT) (but not asylum). See the explanation of reasonable fear interviews in Expedited removal and credible fear interviews.

8 U.S.C. 1326: the crime of illegal reentry

Entering, attempting to enter or being found in the United States without permission after having been denied admission, excluded, deported or removed may be a federal crime. The base maximum sentence is 2 years; for people with certain criminal records, the statutory maximum can increase to 10 or 20 years. In practice, these cases may be prosecuted criminally before removal. Our firm does not provide criminal defense services; if criminal charges are involved, please retain a separate criminal defense attorney to work with your immigration attorney.

Enforcement changes in 2025–2026 (verified as of October 11, 2026)

More detentions at check-ins

Since 2025, there have been reports in many parts of the country of people who had checked in as required for years, with no new violations, being detained at routine check-ins; some were quickly removed or transferred to detention facilities in other states. We do not have reliable national statistics, but one thing is certain: the old experience that "checking in on time is relatively safe" can no longer be relied on. Be sure to have an attorney assess your case before a check-in.

Third-country removal

The law allows DHS, when it cannot remove a person to the country they designated or their country of origin, to remove them to another country willing to accept them (INA 241(b)). Withholding of removal or CAT protection granted by an immigration judge only bars removal to a specific country; it does not bar removal to a third country. DHS has used this practice extensively since 2025. The related litigation has developed as follows:

March 2025: DHS issued third-country removal guidance: if the receiving country has provided diplomatic assurances, the person can be removed directly without further process; otherwise the person should be notified, and if they express fear, an immigration officer screens them. According to a July 2025 internal ICE memo disclosed by the media, the notice period is generally at least 24 hours, and can be as short as 6 hours in "exigent circumstances."
D.V.D. v. DHS (U.S. District Court for the District of Massachusetts): in April 2025 the court issued a nationwide preliminary injunction requiring advance written notice and an opportunity to raise a fear claim. On June 23, 2025, the Supreme Court stayed that injunction (DHS v. D.V.D.), allowing third-country removals to continue.
February 25, 2026: the district court entered final judgment, holding that class members are entitled to meaningful notice and an opportunity to raise a fear claim regarding the country before a third-country removal, and vacating the relevant DHS guidance.
September 29, 2026: the Supreme Court stayed that final judgment and at the same time agreed to hear the case (DHS v. D.V.D., No. 26-426), with argument set for December 2026, to review the district court's jurisdiction, whether class-wide relief can be granted, and whether the government's guidance is lawful. The stay remains in effect until the Supreme Court decides. Three justices dissented from the stay.

Practical advice: if you fear being sent to a particular third country, as soon as you learn you may be sent there, immediately and clearly tell ICE that you are afraid, and have an attorney assess whether you can seek to reopen your case, request a stay of removal, or seek CAT protection with respect to that country.

Fines and new fees

Since 2025, ICE has resumed issuing a "Notice of Intention to Fine" under INA 274D to people with removal orders who have not departed as required. A June 2025 DHS interim final rule changed the procedure for contesting these fines and shortened the deadline to respond. If you receive such a notice, pay attention to the deadline stated on it and consult an attorney immediately.
H.R. 1 (Pub. L. 119-21), signed in July 2025, added a fee for people ordered removed in absentia who are later arrested by ICE, as well as a number of EOIR-related fees. Amounts are as most recently published by the government.

How we can help

Obtain the immigration court record and DHS file (FOIA) to confirm the nature of the removal order, its effective date, and whether the proceedings at the time were defective.
Assess whether a motion to reopen, an appeal, an I-246 stay, an I-212 and other paths to status are viable, and in what order to pursue them.
Prepare before ICE check-ins and, where necessary, accompany you or communicate with ICE in advance; if you are detained, handle detention and stay issues on your behalf.
Help with matters during supervision, such as the (c)(18) work permit and responding to notices of intention to fine.
Where there is a risk of third-country removal, assess applications for protection with respect to that country.

Whether a removal order can be undone or a stay obtained depends on the law, the case record and government discretion; we cannot promise any result.

Frequently asked questions

I was ordered removed in absentia years ago without even knowing it. Can anything still be done?

Possibly. If you truly did not receive notice of the hearing, you can move to rescind the in absentia order at any time, and removal is automatically stayed by law while the motion is decided; a motion based on "exceptional circumstances" generally must be filed within 180 days. Whether you received notice depends on the mailing address and records at the time, so obtain your file before deciding. See In absentia orders and motions to reopen.

I filed an I-246 stay request. Can ICE still remove me?

Yes, it can. The I-246 states expressly that a pending request does not prevent execution of the removal order, and a denial cannot be appealed. The I-246 should usually be used together with other substantive routes (such as a motion to reopen with a request for a stay).

I have a removal order and married a U.S. citizen. Can I get a green card?

Possibly, but it is usually complicated. Generally you first need to assess whether the case can be reopened so you can adjust status in immigration court, or whether to go through consular processing abroad, while dealing with I-212 and other inadmissibility issues (a person with a removal order must first obtain conditional approval of an I-212 before applying for an I-601A). Do not leave the country on your own before getting an assessment.

If someone with a removal order leaves the U.S. on their own, can they come back later?

Leaving on your own is generally treated as execution of the removal order, and you usually cannot enter for 10 years (possibly longer or permanently, depending on the circumstances); returning to the U.S. during that period requires I-212 permission first. Reentering without permission after departing can trigger permanent inadmissibility, reinstatement of the prior removal order, and criminal liability.

I've checked in under an order of supervision for years with no problems. Will I be arrested if I go now?

There is no guarantee. Since 2025, detentions at check-ins have increased markedly. Not checking in usually has worse consequences. Before a check-in, have an attorney review your record, assess whether to file a motion to reopen or a stay request first, and arrange your family matters.

I was granted withholding of removal or CAT protection in court. Can I still be removed?

This protection only bars removal to a specific country. The law allows DHS to remove you to another third country willing to accept you, and on September 29, 2026 the Supreme Court allowed the government to continue enforcing its third-country removal policy while the litigation continues, with the case set to be heard in December 2026. If you are told you may be sent to a third country and are afraid of that country, immediately and clearly express your fear and contact an attorney.