Deportation and Removal: What is it?

Let’s take a step-by-step walk through the process, so you have a clearer understanding of what to expect.

Firstly, let’s clarify the term. Deportation, or removal as it is now officially known, is the process by which the U.S. government orders a non-U.S. citizen to leave the country. This could occur for several reasons, including criminal convictions, violations of immigration laws (like overstaying a visa), or certain disqualifications from asylum.

Step 1: Notice to Appear (NTA)

Deportation proceedings usually start with a Notice to Appear (NTA). The Department of Homeland Security (DHS) serves the NTA to the individual in question. It includes the reasons why the government believes you should be deported. This notice also signifies the start of your proceedings, leading to your first hearing, often referred to as a “master calendar” hearing.

Step 2: Master Calendar Hearing

During the master calendar hearing, you (or your legal representative) will appear before an immigration judge. This hearing isn’t for arguments regarding your case. Instead, it’s an administrative session to determine if you understand the charges against you and decide the future timeline of your case. You can also apply for relief from removal at this stage.

Step 3: Merits Hearing

If you applied for relief from removal, your case would proceed to a merits (or individual) hearing. This session is much like a trial in a regular court. Both you and the government’s attorney will present evidence, call witnesses, and make arguments before the judge.

If you did not apply for relief, or the judge decides you are not eligible, your case may not proceed to the merits hearing, and you may receive a removal order at this stage.

Step 4: The Judge’s Decision

After the merits hearing, the immigration judge will give a decision. If you’re ordered to be deported, you have the right to appeal the decision within 30 days. If you don’t appeal, or if your appeal is unsuccessful, you will receive a final order of removal.

Appealing a Deportation Order

If you’re unhappy with the immigration judge’s decision, you can appeal to the Board of Immigration Appeals (BIA). If the BIA upholds the deportation order, you can further appeal to the federal courts. However, be aware that the appeals process can be quite complex and lengthy.

Concluding Thoughts

Deportation proceedings are intimidating, but having an understanding of the process can help alleviate some of the stress. Remember, you have rights, including the right to legal representation. Working with an experienced immigration attorney like Jaime Alvarado & Associates can make a significant difference in your case.

If you or a loved one face deportation, please seek legal advice immediately. As immigration laws are complex and constantly changing, an attorney will guide you based on your unique circumstances and the most recent laws.

Stay informed, stay strong, and remember – you’re not alone in this journey. For a free consultation please contact or call Jaime Alvarado & Associates at 915.852.0500.