The Typical Procedure of a Deportation Hearing: How it Works

The idea of deportation is a daunting prospect for many people. It is a process where an individual, a non-citizen of the country they are residing in, is being removed or sent back to their home country due to various reasons, including violating immigration laws. The process of deportation is a complex one that involves several legal steps, hearings, and evidence procedures. This article will describe the typical procedure of a deportation hearing and provide updated information using the government as a resource.

What is a Deportation Hearing?

A deportation hearing is a proceeding where an individual who is facing deportation appears before an immigration judge. The purpose of the hearing is to provide the individual with an opportunity to present their case and any evidence they may have to remain in the country. An immigration judge determines whether the individual is eligible to remain in the country legally or whether they should be deported to their home country. The hearing is a crucial step in the deportation process because it decides whether the individual can stay in the country or not.

The process of deportation starts with a Notice to Appear (NTA) issued by the Department of Homeland Security (DHS) indicating that an individual must appear before an immigration judge for a removal hearing. An NTA includes the alleged immigration violations, which cause the deportation process and the time, date, and location of the hearing.

Pre-Hearing Conference

After the issuance of the NTA, a pre-hearing conference takes place between the government and the individual (non-citizen) to discuss the legal and factual issues for the hearing. The objective of a pre-hearing conference is to ascertain the facts in question, identify the witnesses to be called, and agree upon the legal and administrative issues to be argued. During the pre-hearing conference, the government attorney may provide the individual with evidence they plan to present during the hearing. The individual may hire an immigration attorney to represent them during the conference.

During the pre-hearing conference, the government and the individual (non-citizen) may reach an agreement on the issue of removability. This agreement may be entered into the record, and the judge will decide on the appropriate relief.

Hearing

The hearing is the essential part of the deportation process. During this process, the immigration judge listens to the evidence presented by both the individual (non-citizen) and the government to determine if the individual should be deported or granted relief.

The hearing process usually begins with the judge calling the case, and the government attorney presents a list of charges against the individual (non-citizen). The individual, accompanied by their attorney, then presents their case to the judge, including any evidence they have to support their defense.

The individual has the right to present witnesses, testify for themselves, and present evidence that will support their case. The immigration judge may consider evidence that was presented at the pre-hearing conference, and additional evidence may be presented at the hearing.

The government attorney may also present witnesses, testify, and submit evidence supporting the allegations against the individual.

The immigration judge may also ask the individual questions to clarify any issues that may arise during the evidence presentation. Both parties may question witnesses and challenge evidence during the hearing.

Once the immigration judge has reviewed the evidence and heard testimony by both parties, they make their determination. The judge will either allow the individual to remain in the country or issue an order of deportation, which will require the individual to leave the country.

Post-Hearing

If the immigration judge grants relief to the individual, they may be issued a Notice of Decision, which outlines the relief granted, the effective date, and the terms of the decision. If the judge orders the individual deported, the decision is communicated in writing, and the individual is given orders to leave the country.

The individual has the right to appeal the decision if they are not satisfied with the outcome. The appeal must be made within 30 days of the judge’s decision, and the individual must file a notice of appeal with the Board of Immigration Appeals (BIA).

The BIA is responsible for hearing appeals electronically and reviewing the decisions made by immigration judges. The BIA generally has 180 days to review and make a decision on an appeal; however, it may take several months or even years for the BIA to make their decision.

Conclusion

Deportation is a challenging and complex legal process that should be approached with great care. The process typically involves multiple legal stages, including a pre-hearing conference, the hearing itself, and post-hearing procedures. A non-citizen undergoing the deportation process has the right to present their case, including evidence, and may be represented by an immigration attorney. The immigration judge is tasked with evaluating the evidence presented and making a decision that is fair and reasonable. If a non-citizen is facing deportation, it is essential to understand the deportation process and seek legal counsel. By doing so, they may be able to fight against deportation and stay in the country legally.

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.