Being threatened with
deportation can be a very frightening experience. You may be wondering what will happen to you and your family if you are forced to leave the United States. Here is some information on what to expect when you are threatened with deportation. At the Law Offices of Malvern C. Burnett, we're here to teach you about deportation and what you can expect during this process.
Deportation is a complicated issue that started with the Immigration and Nationality Act, which determines if a non-US citizen should be deported to their native country or prevented from re-entering the United States. The courts, specifically an immigration judge, can allow non-US citizens to either stay in the United States or legally enter the country, but this blog will instead focus on the deportation process.
What To Know About The Deportation Process
The process of deportation begins when the US Department of Homeland Security issues a formal Notice to Appear (NTA) before an immigration judge. An NTA will include several details including:
- Your name
- Your birth country
- Your right to hire an attorney
- The reason(s) you're being summoned before a judge
- The consequences of failing to appear before the judge
- Why you're being accused of breaking the law
After the NTA has been issued, an immigration judge will determine the validity of its claims. If the judge agrees with the charges of the NTA, then the defendant can be deported or your deportation defense lawyer can apply for "Relief from Removal" if you meet the requirements for eligibility.
What To Expect During Your Court Case
When you get called before the judge, you'll have a chance to defend yourself from any charges, present evidence, and convince the judge that you deserve to stay in the United States. Below are a few of the most common actions you can take during your case.
- Defend yourself from any evidence against you
- Submit your own evidence
- Explain how you've established a life in the United States
- Explain how deportation would damage your established lifestyle
- Bring witnesses that can attest to your character and life choices
- Prepare convincing opening and closing statements
While this advice can be helpful, every court case is different, so discuss your defense with a lawyer that understands the specifics of your case.
How To File An Appeal
After hearing the evidence from both sides, the judge will either deliver his verdict immediately or will deliver a written decision after a few days. Regardless of the verdict, both sides can
file an appeal with the Board of Immigration Appeals (BIA). If the judge decides that you should be deported, you'll have 30 days to file your appeal before the verdict is finalized. Fortunately, the deportation process will be paused until your appeal has been reviewed by the BIA.
To ensure that every trial is fair and accurate, the BIA will review the judge's verdict during the appeal process. After reviewing the trial, the BIA can make one of three decisions.
- Dismiss: When an appeal is thrown out. Dismissal can occur with or without an official reason
- Affirm: When the BIA agrees with the judge's initial verdict
- Remand: When the case is returned to the original judge. This usually occurs when information is missing, the case was incomplete, or certain legal matters weren't addressed.
Instead of filing an appeal, there are two other options that your deportation lawyer may recommend; a Motion to Reopen and Motion to Reconsider.
- Motion to Reopen: If you have new relevant evidence that may affect your verdict, then you can file this type of motion within 90 days of receiving a final removal order.
- Motion to Reconsider: If you or your lawyer believe the judge made a mistake in their interpretation of the law or the procedures during the case, this kind of motion lets the court reconsider the events of the case.
Choose The Best Legal Defense
Deportation is a serious issue and presents several legal problems that only experienced deportation lawyers can handle. While this blog includes some helpful tips for your case, it shouldn't be used as complete legal advice. Every case is different, and you need a lawyer that can look through the facts of your case and develop a strong legal defense.
If you want a deportation lawyer near you that's experienced with deportation cases, then the Law Offices of Malvern C. Burnett are here to help. We've been practicing immigration law since 1994 and have experience with difficult deportation cases. Don't face these legal challenges alone,
contact us today.
