Deportation or “removal” takes place when the Federal Government removes an immigrant from the United States for violations of immigration laws. However, before an alien may be deported or removed, the U.S. Government must give him a right to a removal hearing before an Immigration Judge where the Government must present the charges against him and give him an opportunity to contest the charges and present any defenses.
At the removal hearing, the alien has the right to have an attorney (at his own expense) and interpreter present, has the right to present witnesses on his behalf, has the right to present any evidence on his behalf, and has the right to confront any government witnesses.
A Notice to Appear (NTA), with the reasons for the removal, is issued by the U.S. Immigration and Customs Enforcement (ICE) and filed with the Immigration Court to initiate removal proceedings. The alien will be asked by the Immigration Judge to admit or deny the allegations contained in the NTA.
Removal proceedings take place in the Immigration Court closest to the individual's place of residence, or in the case of detained individuals, nearest to the detention center where they are currently located. More than 650 Immigration Judges distributed across over 65 Immigration Courts nationwide conduct proceedings and decide individual cases.
If an Immigration Judge determines that you are removable, there is still a chance for you to apply for any form of Relief from Removal, or any other form of discretionary relief.
The available forms of relief include:
Motions to Reopen or Reconsider can be filed with an Immigration Judge if there is new evidence that was not or could not have been presented or if the judge makes an error in fact or law.
The Board of Immigration Appeals (BIA) hears appeals of Immigration Judge decisions. The BIA, part of the U.S. Department of Justice, is the highest administrative body, which interprets and applies the immigration laws. The BIA can dismiss (deny) or sustain (approve) the appeal, remand the case to the Immigration Judge, or refer the case to the Attorney General.
If the BIA dismisses (denies) the appeal, an appeal can be filed with the U.S. Circuit Court of Appeals that has jurisdiction over the immigration court that made the unfavorable decision. The U.S. Circuit Court is a Federal Appeals Court and is typically the highest level court that can hear an appeal from an Immigration Judge's decision. The U.S. Circuit Court can dismiss or sustain the appeal, or remand the case to the BIA or the Immigration Judge.
Deportation proceedings are complicated, demanding, and are critical to your right to remain in the U.S. lawfully. It is highly recommended that if you are facing removal from the U.S. that you seek competent legal counsel. At the Law Offices of Sturman & Associates, we have represented thousands of clients in removal proceedings over the last 40+ years. We will gladly answer all your questions and work tirelessly to give you the best chances to remain in the U.S.