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What to Know About Deportation Hearings

What to Know About Deportation Hearings

Deportation hearings are legal proceedings which determine whether an individual should be removed from the United States due to immigration violations or criminal offenses. These hearings are conducted by the Executive Office of Immigration Review (EOIR), an agency within the Department of Justice, and are overseen by immigration judges who are appointed by the Attorney General. Deportation hearings are complex and can be a stressful experience for anyone involved. This article will provide a detailed guide on what you need to know about deportation hearings.

Who Is Subject to Deportation Hearings?

There are several reasons why someone might be subject to deportation hearings. One common scenario is when someone is illegally living in the United States without proper documentation, also known as an undocumented immigrant. This can happen when someone overstays their visa or crosses the borders without passing through official checkpoints. Similarly, someone with a criminal record can also face deportation if their crimes are considered serious aggravated felonies such as drug trafficking, money laundering, or violent crimes.

At times, even legal immigrants can face deportation proceedings if they violate the terms of their visas, commit crimes, or if their visas expire. Therefore, it is essential to maintain legal immigration status throughout one’s stay in the United States.

What is a Deportation Hearing?

A deportation hearing is a formal legal proceeding that occurs in front of an immigration judge. During the hearing, the immigration judge listens to testimony and evidence presented by both the Department of Homeland Security, which is responsible for enforcing immigration laws, and the individual in removal proceedings. The judge then renders a decision as to whether the individual will be allowed to stay in the U.S. or whether they will be deported.

It is essential to note that the burden of proof at immigration hearings is on the individual in removal proceedings, meaning they have to provide documentation and evidence to support their claim. The government will also have evidence; therefore, it is essential to have legal representation to present a case strongly.

How to Prepare for a Deportation Hearing

The immigration system is complicated; thus, seeking legal help is essential in preparing for a deportation hearing. Legal practitioners are trained to provide legal representation to individuals in removal proceedings before the immigration court. They can also provide guidance on what documents to bring to the hearing and how to answer questions asked by the immigration judge.

Below are some preparations that should be made before going to a deportation hearing.

Gather all relevant documents: Immigration cases are often won or lost based on the documentation provided. Therefore, it is necessary to have all relevant documents at the hearing. This includes any visa applications, employment authorization documents, passports, and any other documentation relating to the immigration status.

Get Legal Representation: It is crucial to hire a qualified immigration lawyer for legal representation. They can provide a legal strategy, advise on documentation, and represent during the deportation hearing. Furthermore, a good lawyer will give one the best possible chance of winning the hearing’s case.

Prepare for testimony: It is necessary to be aware of the questions that the immigration officer will ask. Preparing answers to the questions in advance will prevent surprises at the hearing. The lawyer should come up with CAT (Country Conditions expert Affidavit) that can help the individual gain asylum or stay in the U.S.

What Happens During a Deportation Hearing?

During the deportation hearing, the immigration judge will ensure that the person in question understands the charges leveled against them. The individual also has the right to submit any evidence that supports their claims. The judge will go through the documents presented and allow the person in question to explain their side of the story.

The judge will also ask several questions to ensure that the testimony and presentation of evidence are consistent. During this phase, the individual must be honest and not make misleading or false statements as it can lead to permanent expulsion from the U.S.

The last phase of the hearing involves the judge’s decision. If the judge finds that the individual is removable, they will issue an order of removal. If the individual’s defense is strong, they may grant them relief from removal and allow them to remain in the U.S. as a lawful permanent resident, permit them to leave the U.S. voluntarily, or order them to leave after serving a specific time in a home country.

Who is Eligible For Relief From Deportation?

Immigration law provides some relief from deportation for specific groups of people. This relief is known as Cancellation of Removal. Below are the qualifications for eligibility.

Green Card holder:

Green cardholders may qualify for cancellation of removal if they have been physically present in the U.S. for at least five years, have continuously resided in the U.S. for seven years from the date of their admission, and have not been convicted of certain criminal offenses.

Non-Permanent Residents:

Individuals who are not lawful permanent residents may qualify for cancellation of removal if they have been physically present in the U.S. for ten years, have continuously resided in the U.S. for ten years from the date of their admission, have not been convicted of certain crimes.

Asylum Seekers:

Asylum may qualify for the asylum-seeking avenue provided they have filed the petition within one year of arriving in the U.S., although extenuating circumstances may excuse the delay; and meet the definition of a refugee. For instance, have faced past persecution or have a well-founded fear of persecution if returned home.

Conclusion

Deportation hearings are a complicated process, and individuals can face permanent expulsion from the U.S. if they do not take it seriously. Therefore, seeking legal representation is paramount to increase one’s chances of success. The Department of Homeland Security has broad discretionary judgment on who they can deport; hence, preparation is necessary during the deportation hearing. Always remember the eligibility qualifications for relief from deportation as it may be helpful in delaying the immediate penalty. Finally, maintaining legal status is instrumental in avoiding deportation hearings altogether.


The deportation process is a lengthy one involving many legal matters. The deportation order is the way in which are non-citizens are expelled from the United States. This removal process is known for being very complicated.

The initial notification of deportment is usually sent by the Department of Homeland Security. During this step in the deportation process, the individual will be served with a Notice to Appear (NTA). Listed on the notice will be the individuals name and country of origin as well as a deportation order to meet with an immigration judge. Other information on this notice may include the nature of offense that is causing the deportment and a letter addressing the right for the individual to hire an attorney.

Hiring a lawyer who specializes in immigration laws and knows the deportation process would be the best course of action for an individual to take. A lawyer will be able to begin the process of trying to postpone the deportment.

Lawyers who specialize in deportation orders and immigration fight hard to make sure their clients are kept, temporarily at least, in the United States. Fighting and winning an appeal is an incredibly difficult task for deportation lawyers to achieve and that difficulty greatly increases if their client is in another country while legal proceeding are going on.

If the deportation lawyer is able to receive a postponement for his or her client, it is called a stay of deportment or stay of removal. A stay refers to a temporary stopping of an action. This will briefly stop the deportation process. Because different government agencies are in charge of overseeing different immigration processes, each separate agency will handle a deportation lawyer’s request for a stay differently.

In the hopes of slowing down the deportation process, the deportation lawyer may file a motion to reopen an immigrant’s case with a judge, the Board of Immigration Appeals, or the Department of Homeland Security.

A motion refers to a lawyer’s request to the court or the judge who is hearing a case. Making a motion is asking the court to take a specific action. The court has the option to agree with the deportation lawyer’s request or deny the request

Immigrants should ask their deportation lawyer if they qualify for a stay of deportation or removal while their case appeal is being considered. From the time of the initial decision, an immigrant has thirty days to choose to appeal to the Board of Immigration Appeals. Although it is a cumbersome process, the deportation order can all of a sudden gain speed to the final decision and it is crucial that an individual remains prepared throughout the entire proceedings.