What is Deportation?

Kamal Nawash

Written by

Immigration Attorney

Contributor Level 9

Posted over 4 years ago. 14 helpful votes

Email

1

ARE YOU FACING DEPORTATION?

Deportation of immigrants may result as a consequence for entering the United States illegally. You can also be deported if you have committed a serious crime. Once deported, an alien may lose the right to return to the U.S., even as a visitor. Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds. * A hearing is scheduled, at which the immigration judge asks if the alien is ready to proceed with the case, or if he or she needs time to secure an attorney. If the alien needs time to secure an attorney, a hearing is scheduled for a later date. Feel free to visit attorney Kamal Nawash for a consultation. www.nawashlaw.com

2

Once you have an Attorney

* Once the alien has an attorney, or has elected to proceed without one, the alien will be asked by the immigration judge to verify the contents of the NTA. * If the judge determines that the information in the NTA is correct and that the alien can be deported, the alien is given the opportunity to apply for any form of relief from deportation. If the alien is eligible for a form of relief and decides to apply for it, an individual hearing date is scheduled. If the alien is not eligible, deportation will be ordered.

3

Individual Hearing

* If an individual hearing is held, the alien will be given the opportunity to give testimony and have witnesses testify on his or her behalf. At the conclusion of the hearing, the immigration judge will either make an oral decision on the matter, or will release a written decision at a later date. * If the alien has been ordered deported, the alien has 30 days from the date of the decision to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA decides against the alien, the alien has the option of appealing to the appropriate U.S. Court of Appeals. The immigration service has the opportunity to appeal an unfavorable individual hearing decision, but may not appeal an unfavorable decision by the BIA. An appellate court decision can be appealed to the U.S. Supreme Court by either the alien or the immigration service.

Additional Resources

http://nawashlaw.com/practice-areas.php?catid=142

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,915 answers this week

2,989 attorneys answering