The writs, court orders, removal orders, proclamations and agency notices that shape immigration cases, each defined in plain English with its source. Last reviewed September 23, 2026.
A warrant issued by an authorized immigration officer rather than a judge. The two most common are Form I-200 (Warrant for Arrest of Alien) and Form I-205 (Warrant of Removal/Deportation). Because a judge does not sign it, an administrative warrant is different in kind from a criminal or judicial warrant.
The Supreme Court’s discretionary review of a lower court’s decision. A petition for a writ of certiorari is generally due within 90 days after the judgment (28 U.S.C. § 2101(c); Supreme Court Rule 13). The Court grants only a small fraction of petitions.
A case brought by one or more plaintiffs on behalf of a group with common claims (Fed. R. Civ. P. 23). In immigration cases, 8 U.S.C. § 1252(f)(1) bars lower courts from enjoining or restraining the operation of certain parts of the immigration statute on a classwide basis (Garland v. Aleman Gonzalez, 596 U.S. 543 (2022)).
A court’s declaration of the parties’ rights, without necessarily ordering anyone to do anything (28 U.S.C. § 2201). The Declaratory Judgment Act does not by itself give a federal court jurisdiction. Another statute must supply it.
A discretionary decision by DHS to postpone removal action against a person for a period of time. It confers no lawful status, but recipients may apply for work authorization (8 C.F.R. § 274a.12(c)(14)).
A request from DHS, usually on Form I-247A, asking a jail or prison to notify ICE before releasing a person and to hold the person for up to 48 hours beyond the time of release so that ICE can take custody (8 C.F.R. § 287.7). It is a request, not a court order.
A written directive from the President to the executive branch. Executive orders and proclamations are published in the Federal Register (44 U.S.C. § 1505). They bind agencies but cannot override a statute or the Constitution. See the index of immigration executive orders and proclamations.
Removal without a hearing before an immigration judge (8 U.S.C. § 1225(b)(1)). It applies to certain people who arrive without valid documents or who entered without inspection and cannot show two years of continuous presence, to the extent DHS designates. A person who expresses a fear of return is referred for a credible fear interview. How far DHS extends the procedure has changed over time and has been litigated.
An immigration judge’s removal order becomes final when the Board of Immigration Appeals dismisses the appeal, when appeal is waived, or when the time to appeal expires (8 C.F.R. § 1241.1). Finality starts the clocks for motions and for a petition for review. See What an Order of Removal Is.
An order directing the official who holds a person in custody to bring the person before the court and justify the detention. Federal courts’ general habeas power is in 28 U.S.C. § 2241. In immigration, habeas is used mainly to challenge detention. Removal orders themselves are reviewed by petition for review, which the statute makes the exclusive route (8 U.S.C. § 1252(a)(5)). See Habeas Corpus and Immigration Detention.
A removal order entered when a person does not appear for a hearing after written notice, if DHS proves removability by clear, unequivocal and convincing evidence (8 U.S.C. § 1229a(b)(5)(A)). It can be rescinded on a motion to reopen filed within 180 days for exceptional circumstances, or at any time if the person did not receive proper notice. Filing that motion stays removal while it is pending (8 U.S.C. § 1229a(b)(5)(C)).
A court order requiring a party to do, or stop doing, something (Fed. R. Civ. P. 65). A preliminary injunction preserves the situation while a case is decided. It requires a likelihood of success on the merits, likely irreparable harm, a balance of equities in the movant’s favor, and consistency with the public interest (Winter v. Natural Resources Defense Council, 555 U.S. 7, 20 (2008)). A permanent injunction comes with the final judgment. See TRO, Preliminary Injunction, Permanent Injunction.
The Department of Labor’s finding that there are not enough qualified U.S. workers for a job and that hiring a foreign worker will not hurt U.S. wages and working conditions (8 U.S.C. § 1182(a)(5)(A); 20 C.F.R. Part 656). It is required for most second- and third-preference employment-based green cards. See Labor Law and Immigration.
The employer’s wage and working-conditions attestations to the Department of Labor that must precede an H-1B petition (8 U.S.C. § 1182(n)).
An order directing a federal officer or agency to perform a duty owed to the plaintiff (28 U.S.C. § 1361). In immigration cases it is used to compel a decision on a delayed application, usually together with an unreasonable-delay claim under the Administrative Procedure Act (5 U.S.C. § 706(1)). A separate writ of mandamus from a court of appeals to a lower court exists under the All Writs Act (28 U.S.C. § 1651). See What a Writ of Mandamus Is.
A request that the immigration judge or Board correct an error of law or fact in its own decision. Generally one motion is allowed, filed within 30 days of the final order (8 U.S.C. § 1229a(c)(6)).
A request to reopen a closed case on the basis of new facts supported by evidence. Generally one motion is allowed, within 90 days of the final order, with exceptions such as changed country conditions in asylum cases (8 U.S.C. § 1229a(c)(7)). See Stays of Removal and Motions to Reopen.
Form I-862, the charging document that starts removal proceedings in immigration court (8 U.S.C. § 1229(a)). The required information, including the time and place of the hearing, must be provided in a single document for the notice to stop the clock on the continuous residence or physical presence required for cancellation of removal (Niz-Chavez v. Garland, 593 U.S. 155 (2021)).
A court order requiring a party to explain why the court should not take a proposed action. In habeas cases, the court either grants the writ or orders the respondent to show cause why it should not be granted (28 U.S.C. § 2243). Before 1997, the charging document in deportation proceedings was also called an Order to Show Cause. The Notice to Appear replaced it.
The route for challenging a final order of removal in a federal court of appeals, filed within 30 days of the order (8 U.S.C. § 1252(b)(1)). The Supreme Court has held that this deadline is a claim-processing rule, not a jurisdictional one (Riley v. Bondi (2025)).
Guidance that directs how agency officers apply the law, such as USCIS policy alerts and the USCIS Policy Manual. It binds officers inside the agency. It does not have the force of law unless issued through notice-and-comment rulemaking, and a court can review it as final agency action under the Administrative Procedure Act. See USCIS Policy Memos.
A Board of Immigration Appeals or Attorney General decision designated as precedent. It binds DHS officers and immigration judges in cases involving the same issue (8 C.F.R. § 1003.1(g)). The Attorney General may also take a case from the Board and decide it (8 C.F.R. § 1003.1(h)). Since Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), federal courts decide what a statute means themselves instead of deferring to the agency’s reading.
A formal presidential statement published in the Federal Register. In immigration, proclamations under section 212(f) of the Immigration and Nationality Act (8 U.S.C. § 1182(f)) suspend or restrict the entry of classes of noncitizens. The Supreme Court upheld the President’s broad authority under that section in Trump v. Hawaii, 585 U.S. 667 (2018). See Entry Bans Under § 212(f).
When a person returns without authorization after being removed, DHS may reinstate the prior order from its original date without a new hearing. The order cannot be reopened, and the person is barred from most relief (8 U.S.C. § 1231(a)(5)). Protection claims such as withholding of removal can still be raised.
An order sending a matter back to the agency or lower court that decided it, usually with instructions.
USCIS notices asking an applicant for more evidence (RFE), or explaining an intended denial and inviting a response (NOID) (8 C.F.R. § 103.2(b)(8)). The deadline to respond is set in the notice. While a response is pending, the delay belongs to the applicant, not the agency.
An order temporarily stopping removal. ICE can grant an administrative stay on Form I-246 (8 C.F.R. § 241.6). A court of appeals may stay removal while it considers a petition for review, under the standard set in Nken v. Holder, 556 U.S. 418 (2009). Some filings stay removal automatically, such as a motion to reopen an in absentia order. See Stays of Removal and Motions to Reopen.
A short-term injunction issued to prevent immediate harm before a fuller hearing (Fed. R. Civ. P. 65(b)). An order issued without notice to the other side expires after no more than 14 days unless the court extends it for good cause. See TRO, Preliminary Injunction, Permanent Injunction.
The six-factor test courts use to decide whether an agency’s delay is unreasonable (Telecommunications Research & Action Center v. FCC, 750 F.2d 70, 80 (D.C. Cir. 1984)). The factors are listed in What a Writ of Mandamus Is.
An injunction that protects everyone, not only the parties to the case. In Trump v. CASA, Inc. (June 27, 2025) the Supreme Court held that universal injunctions likely exceed the equitable authority Congress has given federal courts. The Court left open whether the Administrative Procedure Act authorizes courts to vacate agency action. See Nationwide Injunctions After Trump v. CASA.
A court order setting aside agency action. The Administrative Procedure Act directs courts to “hold unlawful and set aside” agency action that is, among other things, arbitrary, capricious or contrary to law (5 U.S.C. § 706(2)). See Vacatur: the Order That Sets a Rule Aside.
Permission to leave the United States at one’s own expense instead of being removed (8 U.S.C. § 1229c). The period can be up to 120 days if granted before the end of proceedings and up to 60 days if granted at the end. Failing to depart in time brings a civil penalty and a ten-year bar on several forms of relief.
A written court order commanding someone to do, or not do, something. In immigration practice the two most common are the writ of habeas corpus and the writ of mandamus.