Usually how long does it take to get deported from the US to Canada?

Asked over 4 years ago - Alton, IL

How long do the deportation proceedings usually take when someone is being deported back to Canada? If he is being deported for a felony conviction can he still request "voluntary departure"?

Additional information

I've heard that different districts have varying definitions of an "aggravated felony". Would the following cannabis charge be considered an "aggravated felony" in the District of Washington D.C.?

"It is unlawful for any person knowingly to manufacture, deliver, or possess with intent to deliver, or manufacture, cannabis. (f) more than 2,000 grams but not more than 5,000 grams of any substance containing cannabis is guilty of a Class 1 felony" (Illinois)

Attorney answers (1)

  1. Kevin Lawrence Dixler

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    Contributor Level 20

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    Answered . This depends upon whether the DHS has already served the person a notice to appear in immigration court. If the deportation order is final, then it depends upon when the Immigration and Customs Enforcement Agency ["ICE"] can have its Detention and Removal Branch arrange for his deportation. ICE needs his consent to obtain a travel document from the Canadian Government, where the person lacks a valid unexpired passport.

    The Immigration Judge will not have the ability to grant voluntary departure if the court determines that he has been convicted of what is known as an aggravated felony for immigration purposes. The phrase "aggravated felony" is defined by case law and the U.S. Code. Some felonies may not be aggravated felonies for immigration purposes. If he is married to a U.S. Citizen and/or has lived in the U.S. for more than seven years, then there may be hope to avoid deportation.

    You should consider contacting an immigration law firm like our office to review the situation at an appointment or teleconference before a deportation order is entered. Perhaps, he has a chance.

    The above is general information and does not create an attorney client relationship.

    The above is general information and does not create an attorney client relationship.

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