Under United States law, noncitizens can be removed from the United States for several reasons, including failure to follow the terms of their visa or violations of the law. However, the United States does lay out a legal deportation process that must be followed before a noncitizen can be removed.
Understanding the Eglin deportation process can help noncitizens protect their rights. An experienced deportation defense attorney could help fight to keep them in the country.
The deportation process in Elgin involves several key steps:
Deportation proceedings begin with the issuance of a Notice to Appear (Form I-862), which is served on the individual. This document outlines the charges of deportability.
The individual appears before an immigration judge for a preliminary hearing. During this hearing, the charges are reviewed, and the individual can plead to the charges and request relief from deportation.
If the individual contests the charges or seeks relief, a more detailed hearing is scheduled. During this hearing, evidence is presented, and witnesses may testify.
After the hearings, the immigration judge will issue a decision. The judge may order deportation, grant relief, or allow voluntary departure.
If the decision is unfavorable, the individual may appeal to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the judge’s decision.
If the appeal is denied or not pursued, a final order of removal is issued. The individual may be detained and deported from the United States.
The Department of Homeland Security (DHS) is responsible for executing the removal order. The individual is deported to the designated country.
In some cases, the individual may be granted voluntary departure, allowing them to leave the U.S. at their own expense within a specified period, avoiding a formal removal order.
These steps are subject to change based on legal developments and individual case circumstances.
During the Eglin deportation process, immigrants and other noncitizens should make sure they fully understand their rights, the steps they will go through throughout the process, and the information they need to provide in order to fight for their right to remain in the United States. A lawyer could:
A seasoned legal professional could provide immense assistance at every stage of the process.
If you find yourself facing deportation, having a lawyer on your side can prove critical. Contact Godoy Law Office today to discuss your rights during the deportation process and how our team could help make America your home.
