Appealing Deportation and Removal

Anyone who is not a U.S. citizen can be deported from the United States, even immigrants who have permanent residence status with a green card.  Since September 11, 2001, Congress has passed many statutes and federal regulations broadening the number of people who can be deported.  Criminal convictions in particular are grounds for deportation and the Department of Homeland Security is working hard to make sure everyone with a criminal history is deported.

Violation of Immigration Law

A person might also be deported for being in violation of immigration laws, such as staying beyond the visa expiration or working without a proper visa classification to work.  A person can also be deported for violating income tax laws.  In most cases, deportation is not automatic and some immigrants in violation of laws will simply not be detected or caught. 

Notice of Intent to Deport

Immigrants who face deportation will first receive a notice in the mail that the removal process has begun.  The immigrant will be notified of a removal hearing where a judge determines whether to Deport.  If a person fails to appear at the hearing, that person will be deported and will not allowed to present his case before a court for at least ten years. 

Fighting the Deportation Process

An immigrant who wants to fight deportation can argue that he is in the country legally, or that even though he is here as an illegal immigrant, he should be allowed to stay.  An immigration attorney is a vital component to succeeding in a removal hearing. A USA citizen charged with a crime is guaranteed legal representation if he cannot afford to hire an attorney. Immigrants are not entitled to the same rights as citizens and for that reason, an immigrant is not entitled to representation.  In order for an immigrant to be represented by an attorney, he must be able to afford to hire one. 

Voluntary Leave

A person who is in the country illegally can choose to leave voluntarily rather than fight the deportation.  People who leave voluntarily can re-enter the United States when they get a proper visa.  People who are deported cannot re-enter the United States for at least five years, and up to twenty years depending on the reason for the deportation.

Some arguments immigrants make which can persuade a judge to stop removal are:

• The immigrant has permanent resident status and the crime he was charged with is not a serious crime or he will be in more harm if he is removed than if he stays
• The immigrant has family and work connections here
• The immigrant has been in the United States for less than a year and is entitled to asylum based on race, religion, nationality, political beliefs or membership in a persecuted social group.

Appealing the Removal Decision

A decision made at the removal hearing can be appealed to the Board of Immigration Appeals or BIA. Whether a person is held in custody while awaiting the appeal hearing will depend on whether the person is considered a flight risk.  While an immigrant can appeal the decision of the BIA, it is rarely done.  An appeal of the BIA is heard by the United States Supreme court which takes very few immigration cases.  An appeal at any level will be expensive and time-consuming and it’s important to remember that a person will likely be held in custody while awaiting the appeal process to be completed.

• If you need help with an Immigration Problem, click here to consult with an Immigration Lawyer near you to discuss the details of your case. This website is for informational purposes only.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Immigration laws in particular change frequently. Seek competent legal counsel for advice on any legal matter.