The deportation process, also known as “removal proceedings,” is the way the U.S. government identifies and expels people who have no legal right to remain in the country. This process can be complicated and, in many cases, distressing for those who face it. Here we explain the main stages:
Starting the process
The process usually begins with a Notice of Comparison (NTA), which informs the individual of why he or she is considered deportable. This document details the date and location of the first hearing before an immigration judge.
Initial hearing
At this stage, known as the “master calendar hearing,” the judge reviews the case and hears from the individual or his or her attorney to determine how to proceed. Here, the person can agree to or dispute the deportation charges.
Defense to deportation
The individual can present legal defenses, such as:
Applying for asylum if he or she fears persecution in his or her home country.
Applying for cancellation of removal if he or she meets specific requirements, such as having close relatives who are U.S. citizens. Prove that you are eligible for an adjustment of status or a special visa.
Legal representation is crucial, as the laws are complex, and mistakes can have serious consequences.
Merits Hearing
If the case moves forward, the judge will hold a merits hearing to review the evidence, hear testimony, and decide whether the person will be deported or allowed to remain in the country.
Judge’s Decision
The judge will issue a decision based on the evidence and arguments presented. If the ruling is in favor of the government, a deportation order is issued.
Appeals
If the decision is not favorable, the person can appeal to the Board of Immigration Appeals (BIA) and ultimately to a federal court.
Enforcement of Deportation
If there are no further legal remedies, Immigration and Customs Enforcement (ICE) will enforce the deportation order.
The deportation process is complex and can significantly impact a person’s life and their family. Therefore, seeking expert legal advice from the outset is vital to explore all available options and protect your rights. Contact us.