Deportation occurs when the federal government formally removes an alien from the United States for violation of the immigration laws. Once deported, an alien may lose the right to ever return to the United States, even as a visitor. Livelihoods and families may be impacted, and in some cases, a deported alien may end up living in a "homeland" that he or she has little familiarity with.

Deportation is a legal proceeding, and the alien who is subject to the procedure has legal rights to challenge it prior to being removed from the country. A challenge involves appearances before a government body and the laws involved are complex and ever-changing. As a result, legal representation is essential for the best chance of avoiding deportation. If you are at risk of being deported, call an immigration lawyer today.

Classes of Deportable Aliens

Any alien that is in the US may be subject to deportation if the alien:

• Is an inadmissible alien, by the law existing at the time of entry to the US or adjustment of nonimmigrant status;
• Is present in the US in violation of the Immigration and Nationality Act or any other US law;
• Violated nonimmigrant status or condition of entry;
• Terminated a conditional permanent residence;
• Encouraged, induced, assisted, abetted or aided any other alien to enter the US illegally;
• Engaged in marriage fraud to gain admission to the US;
• Was convicted of certain criminal offenses;
• Failed to register or falsified documents relating to entry in to the US;
• Engaged in any activity that endangers public safety or creates a risk of national security;
• Has, within five years after the date of entry, become a public charge from causes not affirmatively shown at the time of entry; or
• Engaged in unlawful voting.

Deportation Process

• A Notice to Appear (NTA) is issued by the Bureau of Immigration and Customs Enforcement, served to the alien and filed with the immigration court. In addition to containing general information about the immigrant (name, country of origin, etc.), the NTA also contains the rationale for the deportation.
• A Master Calendar hearing is scheduled. At that hearing the immigration judge asks if the alien is ready to proceed with the case or needs time to secure an attorney. If the alien needs time to secure an attorney, a later hearing date is scheduled.
• Once the alien has an attorney, or has elected to proceed without one, the alien will be asked by 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.
• If the alien has applied for relief and 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 or 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 US Court of Appeals. The immigration service has the opportunity to appeal an unfavorable individual hearing decision but may not appeal an unfavorable position by the BIA. An appellate court decision can be appealed to the US Supreme Court by either the alien or the immigration service.

Conclusion

Legal representation throughout the deportation process is essential in order to protect the opportunity to live in the US An immigration attorney can effectively represent your interests to ensure that you are given every consideration for continuing to live in the US

Copyright ©1994-2006 FindLaw, a Thomson business

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Back to Immigration Information Center