When a loved one gets deported it can be devastating and life-altering. Deportation proceedings are a necessary process in enforcing the immigration system but it often has a significant negative impact on families. If you or someone you know is facing deportation it is important that you obtain help from an experienced legal professional. Work with a deportation and removal defense attorney in NYC to discuss your case and acquire skillful assistance.
What is Deportation?
Deportation, also referred to as removal, is the legal process of removing a noncitizen from the United States. Deportation generally occurs as a result of the individual’s violation of immigration law or criminal conduct. A foreign individual may face deportation for various reasons including:
- Overstaying their visa
- Entering the country unlawfully
- Committing a crime
- Appearing as a threat to public safety
Removal can also affect people seeking asylum or another form of legal relief in the U.S. If their application is denied they can be deported back to their home country. The process is designed to enforce immigration regulations and ensure all immigrants are following the law.
What is the Process of Deportation?
Deportation or removal proceedings take place in immigration court. The process can take months, even years, for the case to be resolved. There are several steps involved in the process. Consider the following.
- Notice to Appear: Once an individual is identified by immigration authorities and they determine that they must be removed from the country, the proceedings are initiated. The process formally starts with the issuing of a Notice to Appear (NTA) to the immigrant. The document includes information about the allegations against the individual and schedules the initial hearing date.
- Initial hearing: It is crucial that the individual appears for their initial hearing. Failing to do so means forfeiting certain rights or legal defenses. During the hearing, the judge will address the matters at hand and state whether or not the individual is eligible to be released on a bond. This is the master hearing and is generally a short meeting where the preliminary matters are discussed. The individual can challenge the case at this hearing and a second hearing will be scheduled.
- Individual hearing: ICE (Immigration and Customs Enforcement) will make their case as to why the individual should be deported. The immigrant will have a chance to present defenses of why they should not be removed. They can obtain help from an immigration attorney to help them make their case. Both sides will present evidence, call witnesses, and make their arguments.
- Decision: After reviewing the evidence the judge will issue a decision. If they rule in favor of deportation the individual can challenge the decision and appeal it with the Board of Immigration Appeals (BIA).
- Final Order/Removal: If the BIA decides to deport the individual, the final order is issued and ICE will handle arranging transportation and ensuring they leave the country.
The deportation process can be lengthy and emotionally overwhelming. It is crucial that you obtain help from an experienced attorney for representation during your hearings. Contact a skilled lawyer today for more information.