Deportation or Removal Process
Deportation, now called, Removal is the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws (for instance having entered the United States without a visa or proper immigration documents or having stayed beyond the time permitted for a valid stay in the U.S.). Deportation is ordered by an immigration judge without any punishment being imposed or contemplated.
Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement (ICE).
Individuals placed in Removal proceedings are issued a document known as the Notice to Appear (NTA). The NTA contains the government’s charges against you and list the reasons the government thinks you are Removable. The charges on the NTA may not be exhaustive and may be amended or changed or added to as the case progresses.
Removal proceedings are typically conducted in the Immigration Court, known as the Executive Office of Immigration Review (EOIR). The EOIR will issue a date for the hearing(s) in which Respondent, the person against whom the NTA is issued, is expected to appear.
The Respondent can choose to represent himself/herself in these immigration proceedings but it is highly recommended that you retain a competent immigration attorney to represent you.
If eligible, individuals in removal proceedings can apply for various immigration benefits, which if granted, provide relief from removal, such as adjustment to permanent resident status, cancellation of removal, and certain waivers of inadmissibility. Eligible individuals may also seek asylum or withholding of removal, among other forms of protection relief.
If you are filing for relief or protection in Immigration Court, the government’s attorney will provide you with the pre-order Instructions for submitting certain applications in Immigration Court and for providing biometric and biographic Information to U.S. Citizenship and Immigration Services. You must follow these instructions carefully in order to have your application adjudicated during removal proceedings.
If the Immigration Judge grants your application, you will be given the Post-Order Instructions for Individuals Granted Relief or Protection from Removal by Immigration Court at the conclusion of the removal proceedings. These post-order instructions describe the steps you should follow to obtain documentation of your immigration status and work authorization.
If the Immigration Court denies you relief you may be able to appeal your case to the Board of Immigration Appeals (BIA).
If relief or protection is granted by the BIA, your BIA decision will contain similar instructions for obtaining your documentation.
Please contact the Hassonjee Law Firm for representation in Deportation – Removal proceedings