Deportations and/or Removal

Deportation (also called “removal”) occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws, described in more detail below. Once deported, an alien may lose the right to ever return to the United States, 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.

Deportable Alien Classes

  • An Alien is subject to deportation or removal who is in U.S if he/she:
  • Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law.
  • Violated nonimmigrant status or a condition of entry into the U.S.
  • Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status.
  • Encouraged any other alien to enter the U.S. illegally.
  • Engaged in marriage fraud to gain admission to the U.S
  • Was convicted of certain criminal offenses.
  • Failed to register or falsified documents relating to entry in to the U.S.
  • Engaged in any activity that endangers public safety or creates a risk of national security

Deportation Process:

  • A Notice to Appear (NTA) which states the reasons for deportation is issued by the U.S. Immigration and Customs Enforcement, served to the alien, and filed with the immigration court.
  • 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.
  • 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 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.