What Happens in the Deportation Process?
Deportation is the process in which a non-citizen is removed from the United States. Deportation can occur when one enters the United States illegally and does not have the necessary documentation. Additionally, deportation can occur is a person has violated the terms of his or her immigration status. For instance, if a person has committed a crime or overstayed their visa, this can result in deportation.
When it comes to deportation proceedings, many times it begins with an arrest by immigration authorities. However, in other instances, they may be given the opportunity to take the next steps by applying for an immigration benefit of some sort, such as applying for a green card or asylum.
Deportation is also referred to as removal proceedings, which is the same process if a person was not convicted or a crime or placed in detention.
Below you will find the common steps of the deportation process:
Non-CItizen Receives a Notice to Appear (NTA)
The Immigration and Customs Enforcement (ICE) and U.S. Citizenship and Immigration Services (USCIS) deal with deportation and removals. These departments are part of the U.S. Department of Homeland Security (DHS). If a non-citizen has done something to cause him or her to get deported, you will receive a Notice to Appear (NTA), which is an order to attend the federal immigration court.
You will receive an explanation in terms of why you are in danger of being removed. The NTA will also include your first court hearing, which is referred to as a master calendar hearing. Typically, non-citizens who have received a NTA will have at least 10 days before the actual hearing, which will allow you time to speak to a deportation lawyer Pasadena.
It is important that you do not ignore the NTA, as this will result in an immediate order of removal and the chances to undo this are highly unlikely. In addition, it will be almost impossible to obtain a court hearing with an immigration judge and will result in a deportation immediately.
Master Calendar Hearing
This process is procedural, which involved the non-citizen being in a room full of people and you will be given a few minutes before the judge. Keep in mind that the final decision is not usually made during this time of the process.
During this process, you will receive an explanation of the deportation procedure and your rights, as well as whether you or not you will claim a possible defense in your removal. If you do claim a defense in your removal, then you will need to schedule an evidentiary hearing.
If you do not have a deportation attorney at this time, it is imperative that you consult with one that is experienced and skilled immediately.
Merits or Individual Hearing
As for this process, which is referred to as either an individual calendar hearing or a merits hearing, the immigration judge will hear the evidence that is placed against you as well as any potential defenses.
During this hearing, it will be determined whether you will be deported; however, it does not necessarily have to occur on that day. These types of hearings can last up to several hours, which means that they cannot be finished on the day that was originally scheduled. If this is the case, then the judge will issue a continuance, which is a followup hearing that may be several weeks or months later. However, as of recently due to the Trump Administration, immigration judges are being pressured to expedite these hearings. Therefore, you should not always count on a continuance to occur.
Keep in mind that this part of the process is more private, unlike the master calendar hearing. The only people in the courtroom will be you, the judge, the government’s attorney, and your interpreter if one is needed, along with any witnesses that the government has decided to call.
You are given the opportunity to defend yourself in court, which can be by way of your own evidence, witnesses, or testimony. You should seek legal help from a deportation immigration lawyer to learn more about your options.
Right to Appeal
Keep in mind that once the immigration judge rules against you, you do not have to leave the U.S. immediately. You will be given 30 days to file an appeal, which must be filed with the Bureau of Immigration Appeals (BIA). If this decision does not work in your favor initially, then you may be able to appeal with the U.S. Court of Appeals.
Contact an Immigration Attorney Immediately
To preserve your rights, it is best to contact an immigration lawyer Pasadena as possible. Our team at Alami Law can help you every step of the way.
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