The following is questions and answers posted on the the ICE website:

I was ordered removed, and am scheduled to be removed soon. How will this affect my appeal of my case, which is pending before the U.S. circuit court of appeals?

As explained in ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens, an alien who appeals his or her final order of removal to a federal circuit court of appeals may continue to litigate his or her case after being removed from the United States. Your removal will not affect your right to continue to pursue your case before the court. Although you may be abroad for the pendency of your case, the court of appeals that is currently reviewing your petition for review will nevertheless be able to review and make a decision on your case while you are not in the United States. In order to ensure that you receive notice of the decision entered by the court in your case, you should follow the court’s procedures for providing updated address and contact information.

What happens if I win my case and the court grants my petition for review after I have been removed?

Absent extraordinary circumstances, ICE will facilitate your return to the United States if your case is remanded for further proceedings before the Board of Immigration Appeals or the Immigration Court and your presence is necessary for continued adjudication of your case. This may be because the court specifically ordered your presence, or because the nature of the court’s decision requires you to return for further testimony. ICE may explore other options in lieu of facilitating your return, such as arranging for video teleconferencing or telephonic testimony, if appropriate.

If, after your case is remanded, the Board or Immigration Court enters a final and unreviewable decision that permits you to be physically present in the United States, ICE will facilitate your return and you will be able to obtain the status that the Board or Immigration Court has granted you.

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