In the past several years, our office has been working with various federal government agencies and federal courts regarding any and all deportation proceedings and court orders throughout the United States.
The formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.
Deportation occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws. Once deported, an alien may lose the right to ever to return to the United States, even as a visitor.
Deportation cases generally begin when the US government issued a Notice to Appear (NTA) by the US Immigration and Customs Enforcement, charging the alien as deportable and alleging facts support the charge. The Notice to Appear is similar to a charging document in the criminal context. The Notice to Appear contains allegations, which, if proven true, may result in the alien being found deportable. The alien can dispute the allegations and deportation charge in the Notice to Appear. If the alien disputes the allegations and charge, the US Immigration and Customs Enforcement Agency must prove the allegations and charge.
If the Immigration Judge finds the allegations and charge are true, the alien is found deportable, however, there may still be forms of relief available to the alien such as cancellation of removal, 212(c) relief, deportation defense, and asylum.
If an alien is detained pending the removal proceedings, it is often possible to secure the release of the alien on bond. This allows the alien to remain outside of prison awaiting thee deportation proceedings. Strategically, release on bond is important, because the alien can help with the preparation of the deportation defense case much easier. Additionally, some immigration courts are more immigrant-friendly than others.
If an alien lose the deportation case, there are still options available. The alien can appeal the decision to the Board of Immigration Appeals. Additionally, the alien can pursue a motion to reopen or motion to reconsider in some circumstances.
Our office provides a full range of services and programs regarding all deportation proceedings and court orders.