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Deportation Hearings

Tips for the Best Deportation Defense

Tips for the Best Deportation Defense

Once the deportation proceedings begin, a deportation defense must be raised to have a chance of appealing the case. If an immigrant has received a notice of deportation and wants to prepare a deportation defense, there are several steps that must be taken.

During this step in the deportation proceedings, the individual will be served with a Notice to Appear (NTA). Information on the notice will include 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 deportation and as well as a letter addressing the right for the individual to hire an attorney. If the individual chooses to hire an attorney, then his or her attorney would be in charge of handling both the deportation defense and the deportation proceedings.

Hiring a lawyer who specializes in deportation defense and knows the deportation proceedings would be the best course of action for an individual to take. The first step a deportation specialized lawyer will often take is to attempt to postpone the hearing. A lawyer will often try and cite specific reasons for the individual to stay. One of the more common defenses is to claim extraneous situations in their country of origin that will cause the individual physical harm or persecution if they were to be deported.

Another deportation defense is to get a citizen sponsor to testify to the immigrant's good moral character and testify on their behalf. Most often, unless the charges that brought the deportation are lowered, fighting the actual order can be extremely difficult. All of the other fast-track means of immigration such as marriage are only for those that enter the country in a legal fashion.

If deportationor defense lawyer is able to receive a postponement for his or her client, it is called a stay of deportation or stay of removal. A stay refers to a temporary stopping of an action. This will briefly stop the deportation proceedings.

Since 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. Typically, immigrants will not be removed or deported during the time period given for an appeal to be filed.

There are many circumstances that bring upon deportation proceedings and as such, each case maintains its own criteria for a final decision to be rendered. The most important thing is to stay prepared and vigilant throughout the entire process.

 

How to Effectively Defend a Deportation Order

How to Effectively Defend a Deportation Order

A good deportation defense starts with the right system of support. A defendant might choose to go it alone in an immigration court, but as evidenced by the government’s insistence on “right to attorney,” such a measure is not recommended. Representation for a defendant can provided at the government’s expense, but it is suggested that the accused hires a deportation lawyer with an intimate knowledge of immigration law
In avoiding deportation, an individual may be able to accomplish his or her goal without ever setting foot in an Immigration Court. For one, under specific conditions, the accused may be granted a waiver for appearance in court. Prior to the actual hearing to decide the merits of one’s case, waivers for conditions removal outright may be filed with an Immigration Court or with the Department of Homeland Security. 
Especially in cases where an immigrant is charged with some criminality beyond invalid status to live in the United States, a deportation defense may involve eyewitness testimony and circumstantial evidence. With exhibits presented before the judge and witnesses for the defense beyond the actual potential deportee, a defendant/legal representative should compile a list of these in document form. Witnesses for the defense who, by some explanation, cannot be physically present in the courtroom must also be approved beforehand by the court.
In the event a deportation defense fails, a motion for an appeal of the decision or a petition for a stay of removal must be submitted within thirty days of the judge’s ruling or receipt of notice of the ruling by mail. With specific respect to appeals, they will be heard by the Board of Immigration Appeals and may not be filed by anyone other than the defendant, his or her attorney, or a member of the DHS. 

Read Before a Deportation Hearing!

Read Before a Deportation Hearing!

Owing to the explicit protocol of procedure, sometimes an immigration court judge will request to have his or her verdict certified by the DHS, and most of the time, the contents of the hearing will be recorded and transcribed. Pending consent by the court, the accused may be able to review the literature on their case after the official ruling. It should be noted that any improprieties on the part of the defendant may go on this permanent record of the event. For those facing deportation, care should be made to dress in formal attire, address the judge with respect, not speak out of turn, and make sure to remove children or any other possible source of a disturbance prior to entry. 
At the same time, though, respondents and their legal representatives must adequately prepare to mount a defense before the judge in the event the case does go to trial. As is customary of court hearings, the accused will be expected to be questioned by the prosecution, as well as provide evidence and witnesses if a criminal act may lead to deportation. Moreover, if the court’s ruling does go against one marked for removal from the United States, and the accused will not willingly relinquish his or her claims to residency, he or she must petition for an appeal of the judge’s decision or a stay of removal within a month of the notice of the ruling. If not, the defendant may have no legal recourse and will have to suffer the indignity of deportation.

What Should You Expect from a Deportation Hearing?

What Should You Expect from a Deportation Hearing?

The act of deportation is for the government to move a foreign individual from the United States back to their country of origin. This deportation order will usually come because the immigrant, legal or illegal, committed a crime, lied on their visa application, was found to have illegal United States status, is considered to be a threat to national security, or is called upon by their country of origin to stand trial in that country.
The latter is actually called extradition. In any of these instances, an immigrant might be issued a deportation order to begin deportation proceedings. A deportation hearing is the actual trial that results from the deportation order that the immigrant receives.
Whether an immigrant fights the deportation order or not is up to them. The hearing itself can often take place while the immigrant is incarcerated, since the most common reason for a deportation order is if the immigrant commits a crime. Some immigrants may choose to utilize the services of an immigration lawyer while some may choose to defend themselves. The deportation hearing takes place in front of a judge.


What to Expect from a Deportation Hearing
Due to the increased need for national security as a result of increased threat of terrorist acts, deportation hearings are quicker than they used to be. The Department of Homeland Security has increased efforts to deport illegal immigrants.
Due to the fact that the reasons for removal fall under such a broad category of circumstances, finding a legal reason to proceed with a deportation order is not difficult. Both a legal or illegal alien may decide that they have grounds to fight their deportation and they are legally allowed to appeal the order at a deportation hearing.
They are not, however, given the right to a free deportation lawyer if they are unable to afford one. Hiring a deportation lawyer is up to the individual facing a deportation hearing. If they can afford a lawyer, most will choose to get one. If they are unable to afford an immigration lawyer, some will choose to represent themselves in a court of law while others may choose to not fight the order at all.
The actual deportation order will usually be served to the immigrant by the Department of Homeland Security. In the deportation order will be an NTA, or notice to appear. A deportation hearing can be a stressful event and often takes a lot of preparation in regards to family and other involvements that may no longer be tended to. Unfortunately for the immigrant, the victories of a successful deportation delay does not mean that the deportation case will be dropped. The circumstances of the deportation as well as the skill of the deportation attorney are a more accurate dictation of that.

The Typical Procedure of a Deportation Hearing

The Typical Procedure of a Deportation Hearing

Illegal aliens are defined as undocumented foreign immigrants who owe no allegiance to the United States and have violated U.S. laws by making it their place of residence. They often live in constant fear of being deported, even though an illegal alien may not be automatically deported just because his or her lack of status is discovered. 
Illegal alien deportation can be a lengthy process for the United States government. As of late, though, recent terrorist attacks have pushed the Department of Homeland Security and Congress to implement strict illegal alien rules and laws, leaving little room for a successful illegal alien deportation appeal. The deportation process for an illegal alien can be somewhat different than the deportation process for a legal immigrant. The initial notification of deportment for a legal immigrant is usually sent directly to them by the Department of Homeland Security.
During this step in the deportation proceedings, the individual will be served with a Notice to Appear (NTA). Information on the notice will include 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 as well as a letter addressing the right for the individual to hire an attorney. If the individual chooses to hire an attorney, then his or her attorney would be in charge of handling both the deportation defense and the deportation proceedings.
An illegal alien will often be stopped as they attempt to cross the border by border security. Over one million illegal aliens are prevented from entering the United States this way but few of them are processed for a crime. In fact, most illegal aliens that are deported are “hiding” from the government and may get apprehended in a non-related way.
Most immigrants, of legal or alien status, appeal their deportation case if they have the money to hire a lawyer who specializes in immigration and deportation. Illegal aliens, legal immigrants and naturalized citizens have the right to appeal a deportation order. However, the chances of an illegal alien winning a deportation appeal are slim. The United States deported over 1 million illegal aliens in 2009 whereas a naturalized citizen of the United States is not likely to be deported at all.
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 proceedings.
In the hopes of slowing down the alien deportation proceedings, a lawyer may file a motion to reopen an illegal alien’s case with a judge, the Board of Immigration Appeals, or the Department of Homeland Security. It’s common for a deportation lawyer to file a motion to stay removal or deportation during the period of time in which the motion to reopen is pending. A motion refers to a lawyer’s request to the court or the judge who is hearing a case. Making a motion refers to asking the court to take a specific action. The court has the option to agree with the lawyer’s request or to deny the request.
However, filing the motion to reopen is no guarantee that illegal alien deportation proceedings will be postponed. As a whole, the United States attempts to enforce deporting illegal aliens when legally feasible.

What to Expect from a Deportation Hearing

What to Expect from a Deportation Hearing

A deportation hearing is generally conducted in person and open to the public, but may be conducted via phone or video conference and/or barred from the public domain under special circumstances (such as asylumin absentia.  
Subsequent to a master calendar hearing in which defendants must give a plea to the innocence or guilt of their charges and indicate to where they should be removed if found guilty, a deportation hearing will take place much in the way criminal court proceedings do. A deportation lawyer will be most useful at this stage, for he/she will make an opening and closing statement, question witnesses, cross-examine the prosecution’s witnesses, and raise objections to questionable evidence on the behalf of the accused. In the case of an appeal following the court’s finding against the accused, a deportation lawyer might also be a good person to have in one’s corner to follow proper appeal procedure.