In a final deportation hearing do they deport you the same day?

Asked over 1 year ago - Miami, FL

If you have a final deportation hearing and the judge denied your waiver. and you have no criminal records..... what is the next step? do they hold you on that same day or would they give you time to leave?

Additional information

the person is currently not detained. ask for 27a1h waiver. not sure on waiver

Attorney answers (7)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    9

    Answered . Rarely deported on the same day: usually there is an appeal, arrangements, etc. However, it will also depend on prior case history, reasons for removal, defenses from removal, etc. Your attorney should consult you on all this issues, and also an attorney can ask the government on their plans (if there would be no appeal, etc. and the case is lost).

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Gintare Grigaite

    Contributor Level 18

    4

    Lawyers agree

    Answered . Depends on whether you are granted voluntary departure or not.

    Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do... more
  3. Veronica Tunitsky

    Contributor Level 18

    4

    Lawyers agree

    Answered . Depends on whether the person is detained or not, what relief you're asking for, whether you're agreeing to voluntary departure, and a hundred other 'Ifs'. You should consult with an attorney immediately and retain one to help you. Immigration court should not be broached without quality help.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an... more
  4. Irene Vaisman

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues it all depends - also the things that were not mentioned are appeals and availability of a valid travel document for you.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  5. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Answered . First, and most important: You should be asking this question of the lawyer that is handling the case. Don't be so foolish as to got to court without a lawyer.

    Depending on what the judge decides, and whether or not appeal is reserved, the might not move the person immediately.

    If the person is in custody they will try to move the quickly ... depending on the country of nationality.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  6. Mark Robert Barr

    Contributor Level 16

    3

    Lawyers agree

    Answered . When was the immigration decision on the 237(a)(1)(H) waiver? Was appeal reserved? Was an appeal filed?

  7. Kyndra L. Mulder

    Pro

    Contributor Level 20

    Answered . No. You will not be deported on the same day. If granted voluntary departure you are given time to leave. If you are in custody and deported by the government it takes them at least a few days to get your travel doc's and make arrangements - usually at least a week. If you case is appealed the order is stayed until the decision is made at the BIA level.

    I hope that you have an experienced immigration attorney representing you.

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