The Process of Deportation (Removal from the USA)

The deportation (or removal) is a legal process in which a foreign national (that is to say, a person in the country who is not a naturalized citizen), is fromally removed from the country because he has violated the U.S. immigration laws.

The U. S. Citizenship and Immigration Services (USCIS) is the government agency in charge of handling the legitimate immigration to the United States. A different organisation, known as the Executive Office Review of Immigration Cases (Executive Office for Immigration Review, EOIR), which oversees the court procedures when an alien must appear before an immigration judge.

The EOIR is a division of the Department of Justice responsible for carrying out court procedures, reviews, appeals, and administrative hearings in the immigration courts. Below we discuss briefly some of the types of proceedings an immigration judge may preside.

If you want to get legal help with the process of immigration and/or deportation, it is recommended to contact a lawyer who specializes in immigration.

Audiences of Hearings

The hearings of removal are performed to determine whether certain individuals are subject to the deportation from the United States. The deportation process begins when the Department of Homeland Security (DHS) (Department of Homeland Security, DHS) presented a document called “notice to appear” (form I-862) with the immigration court, after it has been received abroad. Using the notification prompts the individual to appear before an immigration judge, and includes the following information:

  • the nature of the judicial process;
  • the legal authority before which the criminal justice process;
  • the alleged actions of the foreigner who violated the law;
  • the charges filed against the alien and the statutory laws that allegedly have been violated;
  • the ability of the alien to be represented by an attorney of its own;
  • the consequences of failing to appear at scheduled hearings;
  • the requirement that the alien provide the attorney general an address and a phone number up to date.

The result of most of the judicial processes of deportation depends on whether the alien is eligible to receive a waiver of the removal. The immigration law provides exemption from deportation to individuals who meet specific criteria. In most of the judicial processes of deportation, the individuals support their removal, but then may request one or more forms of exoneration. Here you can find a list of the different types of exemptions.

Individual Hearing

The trial during a DHS deportation case is called the “individual hearing.” At this hearing, the DHS must prove by “clear, convincing, and unequivocal evidence” that the foreign national is removable. Like a trial, at the individual hearing the foreign national or his or her attorney must make an opening statement, examine witnesses, prepare exhibits, and make a convincing case that removal is not appropriate. For these reason, having an immigration attorney for this process can be extremely helpful and important to a foreign national’s case.

Bond Redetermination Hearings

In some cases, the DHS may release a detained alien custody after they pay a bond. For legal purposes, a bond is an amount of money that is paid and that is seized if the person is not present at the hearing regulatory. Initially, the bail is imposed by the DHS. Subsequently, the alien may ask the immigration judge is to conduct a “bond hearing”, in which the immigration judge has the authority to re-determine the amount of the bond imposed by the DHS. The decision of a bond hearing can be appealed (by either the alien or the DHS) to the Board of Immigration Appeals (Board of Immigration Appeals, BIA).

Withholding-Only Hearings

An immigration judge conducts a hearing of withholding hearings to determine whether a foreign national for which it has ordered the deportation is eligible for the withholding of removal according to the Immigration and Nationality Act or the Convention against Torture.

Rescission Hearings

An immigration judge will conduct a rescission hearing (a hearing of termination) to determine if a permanent legitimate resident should revoke his resident status because he had no right to receive it when given to you.

How To Get Legal Help

The process of deportation can be very difficult with a lot of stress. If you or a loved one are facing a possible deportation or repatriation, it is important that you contact an experienced immigration lawyer to analyze the facts of the case and protect your rights.