Deportation or removal occurs when the government determines that someone living in the United States, who is not a citizen, should be removed and returned to his or her country of origin. While many people know that undocumented immigrants may be subject to deportation, they may not realize those lawful permanent residents who have held a green card for many years may also face removal under certain circumstances.
Though there are possible strategies applicable to every deportation situation, it is advisable to consult an experienced deportation defense attorney who could help your situation. Understanding the Aurora deportation process is an excellent place to begin if you are facing removal.
Non-citizens who enter the U.S. without documentation or with forged documentation may be removed under the expedited removal process without a hearing. While previously expedited removal was used only in situations where an undocumented individual was picked up within 14 days of entry and within 100 miles of the border, the application of expedited removal proceedings has recently been expanded.
There are situations where an individual marked for expedited removal may be allowed the chance for a hearing or at least an interview with an immigration official. Those who intend to seek asylum, for instance, may be interviewed to determine whether they have grounds to seek asylum.
In addition, those who profess to have status as a citizen, lawful permanent resident, refugee, or asylee are usually granted the opportunity to have their case heard before a judge. However, if the status claim turns out to be false, the finding could permanently bar future admission to the country.
The Start of the Removal Hearing Process
Individuals who are not subject to expedited removal should receive a Notice of Hearing with the date, time and place of an initial hearing, sometimes referred to as the master calendar hearing. Failure to appear at this hearing could result in an automatic Order of Deportation.
The individual subject to removal should also receive a Notice to Appear, either at the hearing or in a mailed letter. This notice explains the reasons the Department of Homeland Security believes the individual should be deported.
It is essential to examine this notice in detail, because it may be possible to contest the grounds alleged for deportation and demonstrate that the individual is not subject to removal. Also, it is usually wise for an individual to consider which other forms of removal relief he or she may be eligible to seek.
The Merits Hearing
Any strategy for defending against removal would be put into action at the merits hearing. For instance, if the government claims an individual should be removed due to the commission of a crime, the individual in question—or his or her legal counsel—might work to demonstrate either that the individual did not commit a crime, or that the crime was not of the type that provides grounds for removal.
Alternatively, the individual might seek cancellation of removal, asylum, change of status, or other forms of relief. All claims should be supported by the best available documentation and other evidence. Those facing removal may testify on their own behalf and will also be likely to be questioned by attorneys from the Department of Homeland Security.
After the Hearing
At the end of the hearing or shortly thereafter, the judge would issue a decision either granting relief from removal or ordering removal. The judge’s findings may be appealed, at which point the order of removal would have stayed so that removal cannot take place until after the appeal has been decided.
If efforts to prevent removal have proven unsuccessful, an individual may be able to negotiate for a voluntary departure. When someone leaves voluntarily, he or she avoids having a removal order on the record, which could make it easier for him or her to re-enter the U.S. in the future.
Seeking Further Information About the Aurora Deportation Process
Deportation could be a frightening topic for many people who may be facing removal. The better the process is understood, the easier it is to seek applicable remedies and plan for the future.
Often, people facing deportation choose to work with an experienced immigration attorney. Advice from someone familiar with the removal process could open new avenues of relief. To learn more about the Aurora deportation process and removal, call today to speak to a seasoned attorney.