Can I Be Deported from the United States Without a Hearing?

As an immigrant in the United States, it is important to understand all of your legal rights and responsibilities, including whether you can be deported without a hearing. Most of the time, removal proceedings require a hearing before an immigration judge. However, certain exceptions may apply. For more information and skilled legal advice, contact a deportation and removal defense attorney in NYC today.

What is Deportation?

In the United States, deportation or removal is a legal process where a non-citizen is ordered to leave the country for violating immigration laws. Under United States immigration law, most non-citizens are entitled to a hearing before deportation can occur. This applies to individuals who overstay their visa, those who have been arrested by ICE (Immigration and Customs Enforcement), those who request asylum, and more. These individuals have the right to be informed of the charges against them, present a defensive argument, and seek relief from removal proceedings. These hearings generally take place in immigration court, where the individual can be represented by an attorney whom they hire.

Can I Be Deported from the U.S. Without a Hearing?

While immigrants are generally entitled to this process, yes, there may be situations in which you can be deported without a hearing. The most notable way that your right to a hearing may be waived is through an expedited removal. Expedited removal is a process where immigration officers at the border can deport a person without a hearing.

Only “arriving aliens” are subject to expedited removal proceedings. This usually applies to people caught within 100 miles of the U.S. border within 14 days of their entry or non-citizens who arrive without valid documentation. Before an immigration officer can issue an expedited removal order, they must determine that the individual is inadmissible to the United States based on having lied or misrepresented information in order to enter the country or having entered the country without a valid entry or travel document.

You may also not be entitled to a hearing if the government imposes the reinstatement of the removal process. If you were previously deported and illegally reentered the country, immigration authorities have the right to reinstate the original removal order without providing a new hearing or granting the right to seek relief from removal.

What if I’m Seeking Asylum?

If you are facing removal from the U.S. without a hearing, you may be able to stay based on your status as an asylum seeker. As an undocumented immigrant, you are entitled to access the asylum system even if you have been placed in expedited removal proceedings.

If you express a valid fear of persecution, torture, or other types of condemnation if you return home, the immigration officer must refer you to an asylum officer who will assess your situation. If you successfully demonstrate a credible fear of returning to your country, the officer can revoke the expedited removal order and allow you to apply for protection.

However, it is important to understand that this exception does not apply to reinstatement removal proceedings. For more information and legal assistance, reach out to a skilled immigration attorney today.