How to Stop Removal or Deportation

Once referred to as “deportation”, the process of the United States government determining that an alien who is not a U.S. citizen should be removed from the United States is now referred to as “removal”.  The removal or deportation process is complicated and serious.  Legal representation is essential to preserve the rights of the alien and present the best case for cancellation of removal.

Removal Hearings

Removal hearings are held by immigration judges across the United States.  The Department of Homeland Security (DHS) is responsible for commencing a removal proceeding.  A removal proceeding will be commenced if there has been a violation of immigration laws.  The DHS must serve the alien with a notice to appear before an Immigration Judge and also informs the alien:

• The nature of the proceedings against him/her
• The individual’s alleged acts that violated the law
• The individual’s rights to an attorney, and
• The consequences of failing to appear at scheduled hearings

An Immigration Judge will determine whether the alien actions make him/her removable from the United States as well as if there is any relief available from removal.

Stay of Deportation or Removal

While waiting for a hearing, an alien can request from the Board of Immigration Appeals (BIA) to stay the removal rather than send the alien immediately back to his country.  A permanent resident, or visa holder, does not have the same rights and protections a citizen has.  Certain crimes, including murder and drug trafficking, will lead to removal from the United States.  Lying or fraud can also lead to removal.  An immigration attorney can try to show the court that either the alien is falsely accused, or there are grounds which excuse the actions or grounds which would make removal dangerous for the alien.

Threat to National Security

If the Department of Homeland Security has reason to believe you are a threat to national security, they will detain you and then commence the removal or deportation process quickly.  An immigration lawyer may be able to argue there was a misunderstanding regarding the threat, but any suspicion of a threat will taken very seriously and will be treated with great caution.

Get Legal Help!

Aliens are not entitled to legal representation as U.S. citizens are.  If you cannot afford an attorney to represent you, look in your phone book for local non-profit organizations which can help you.  You can also ask friends, family, or even people at the detention center for a name of an attorney who might be able to represent you through the removal process.  Once you have been removed from the United States, for any reason, it is very difficult to ever come back so it is critical that you fight the removal as best you can. 

Of course, the best way to stay in the United States is to stay out of trouble in the first place.  If you follow the laws and regulations of the United States, you should not ever have to experience the removal process.