LAW OFFICE OF ROBIN CARR
The Removal Process
Deportation (removal) is the legal process in which an alien (meaning a foreigner who is not a naturalized citizen) is formally removed from the United States for violating the U.S. immigration laws.
A division of the Department of Homeland Security (DHS) known as Immigration and Customs Enforcement (ICE) decides whether and when to place aliens in removal proceedings. A division of the United States Department of Justice known as the Executive Office for Immigration Review (EOIR) oversees the court procedures when an alien is brought before an immigration judge. The EOIR is responsible for conducting immigration court proceedings, appellate reviews, and administrative hearings. Some of the types of proceedings an immigration judge may preside over are briefly discussed below.
A division of the Department of Homeland Security (DHS) known as Immigration and Customs Enforcement (ICE) decides whether and when to place aliens in removal proceedings. A division of the United States Department of Justice known as the Executive Office for Immigration Review (EOIR) oversees the court procedures when an alien is brought before an immigration judge. The EOIR is responsible for conducting immigration court proceedings, appellate reviews, and administrative hearings. Some of the types of proceedings an immigration judge may preside over are briefly discussed below.
Removal Hearings
Removal hearings are conducted to determine whether certain individuals are subject to removal from the United States. The removal process begins when the DHS files a document called a "Notice to Appear" (Form I-862) with the immigration court after it is served on the alien. The notice tells the individual to appear before an immigration judge and includes the following information:
- Nature of the proceedings
- Legal authority under which the proceedings are being brought
- Alien's alleged acts that violated the law (Allegations)
- Charges filed against the alien and the statutory laws that the DHS believes the alien violated
- Advisals:
- That the alien has the right to be represented by an attorney - at his/her own expense (Removal proceedings are considered "administrative" hearings even if the alien is in removal proceedings because of a crime they committed, and the U.S. government does not provide aliens in removal proceedings with a free attorney);
- Consequences of failing to appear at scheduled hearings (an alien who fails to appear at a scheduled removal hearing may be ordered deported in his/her absence)
- Requirement that the alien provide the court and the government with a current address and telephone number
The outcome of most removal proceedings depends upon whether the alien is eligible for relief from removal. Immigration law provides relief from removal to individuals who meet specific criteria. In most removal proceedings, individuals admit that they are subject to removal, but then apply for one or more forms of relief. Some of the types of relief that an alien may be eligible for include: "cancellation of removal," "adjustment of status," "voluntary departure," and "asylum." The eligibility requirements are different for each type of relief and depend upon factors such as (1) whether the alien is a legal permanent resident of the United States; (2) the number of years the alien has lived in the United States; (3) how the alien entered the United States; (4) the immigration status of the alien's immediate relatives; (5) whether the alien has a reasonable fear of returning to his or her country of origin; and (6) the alien's criminal history.
Bond Hearings
An alien who is placed in removal proceedings may be detained by the DHS in an immigration detention facility. In some cases, an alien who is released from custody may be released from custody upon payment of a bond. A bond for legal purposes is an amount of money paid as bail that is forfeited if a person fails to appear at a required hearing. Initially, the bond is set by DHS. Afterwards, the alien may be able to make a request to the immigration judge to conduct a bond hearing where the immigration judge has the authority to determine whether to set a bond (based on whether the alien is deemed to be a danger to the community or a flight risk) and the amount of the bond.
FOR BEST RESULTS CONTACT AN IMMIGRATION ATTORNEY IF:
- You are in removal proceedings or you received a Notice to Appear in removal proceedings;
- You want to apply for an immigration benefit (green card, deferred action, U.S. citizenship) and you are concerned about how your criminal history will affect your eligibility;
- You have a final order of deportation or voluntary departure;
- You are afraid to return to your country and you want to know whether you are eligible for asylum.