US Deportation and Removal

Understanding US Deportation and Removal: A Guide by SHEV Law

Navigating the complexities of immigration law can be daunting, especially when facing the prospect of deportation or removal from the United States. At SHEV Law, we understand the anxiety and uncertainty that comes with such situations. This blog aims to provide clarity on the process of deportation and removal, outline your rights, and explain how our experienced legal team can support you through these challenging times.

What is Deportation and Removal?

Deportation and removal refer to the legal process by which a non-citizen is formally expelled from the United States for violating immigration laws. While the terms are often used interchangeably, “deportation” was traditionally used under the Immigration and Nationality Act (INA) pre-1996, and “removal” is the current term used post-1996 amendments.

Common Grounds for Deportation

Several circumstances can lead to an individual facing deportation or removal proceedings, including:

Violating Visa Terms: Staying beyond the allowed period or engaging in unauthorized work.
Criminal Convictions: Certain criminal offenses can make a non-citizen deportable, including aggravated felonies, drug-related crimes, and crimes of moral turpitude.
Fraud and Misrepresentation: Providing false information on immigration applications or during entry.
Public Charge: Becoming dependent on government assistance within a certain period after entry.
Unauthorized Entry: Entering the U.S. without proper documentation or inspection.

The Deportation Process

The deportation process involves several steps, starting with the issuance of a Notice to Appear (NTA) by the Department of Homeland Security (DHS). Here’s a breakdown of the key stages:

Notice to Appear (NTA): The NTA outlines the reasons for deportation and initiates the removal proceedings.
Master Calendar Hearing: This preliminary hearing is where the immigrant appears before an immigration judge to respond to the charges. Legal representation is crucial at this stage.
Merits Hearing: The substantive hearing where evidence is presented, and the judge makes a decision based on the merits of the case.
Appeals: If the judge orders removal, the decision can be appealed to the Board of Immigration Appeals (BIA) and potentially to federal courts.

Your Rights During Deportation Proceedings

It’s important to know that individuals in deportation proceedings have specific rights, including:

Right to an Attorney: Although the government does not provide one, you have the right to hire an attorney.
Right to a Hearing: You are entitled to a fair hearing before an immigration judge.
Right to Appeal: You can appeal the judge’s decision if it is not in your favor.

How SHEV Law Can Help

acing deportation or removal is a stressful and life-altering experience. At SHEV Law, our skilled immigration attorneys are dedicated to providing comprehensive legal support. Here’s how we can assist:

Initial Consultation: Assess your case and provide an honest evaluation of your options.
Representation: Advocate on your behalf during hearings and appeals.
Documentation: Ensure all necessary documents and evidence are correctly prepared and submitted.
Legal Advice: Offer guidance on potential defenses and relief options, such as asylum, cancellation of removal, or adjustment of status.

Immigration Lawyers

Brian Ehrenberg

Partner

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Mariana Ehrenberg

Partner

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SHEV Law Group provides expert legal services with offices in Houston and Dallas. Our dedicated team is committed to delivering personalized legal solutions to meet your unique needs.