More details to this question:
My brother has been legally present in the U.S. since 2011. Finished school and got his OPT which expires in October. Unfortunately, he didn't follow the terms of his OPT and now judge has ordered his deportation. He had intended to return back home after his OPT but doesn't want to return in this manner. He is currently being detained by ICE. He wants to be given a month to gather his things and leave the country and be allowed to come back in the future. He has two misdemeanor convictions.
1 ANSWER
Your brother has 30 days from the date the immigration judge ordered his removal to file an appeal with the BIA. If it has been more than 30 days, his appeal is time-barred. He could only pursue a motion to reopen. That being said, neither option may be viable. What your brother wants, he may simply be ineligible for. I would encourage you to have an attorney review the situation.
Answered on Sep 01st, 2016 at 3:37 AM