The Removal Process – Immigration Deportation

Despite the best efforts of attorneys, family, bail bondsmen and other professionals, there are times that an immigrant who has entered the country illegally, and who has been detained, will be deported. This is a long process at times, and often one that is more confusing than the visa process. In an effort to help with understanding the immigration deportation process, we thought that a blog article on the subject was in order.

This process is now called the “Removal Process” and applies to any detained person who is in the United States illegally. The Removal Process is not just the act of expelling someone from the country, but also the process of determining whether they are in the United States illegally, or whether they have a right to remain in the country.

The first step in the immigration deportation process is being issued with a “Notice To Appear” before the immigration judge. Within this notice to appear, you will find the reason for which you are being required to appear (normally an immigration violation), an explanation of the charges against you, and what will happen should you fail to appear before the judge at the appointed time.

The first thing that you should do is request a Bond Redetermination Hearing. This is the hearing that is held to determine whether or not you are eligible for a bail bond so that you do not need to await your hearing in a detention facility. Your immigration attorney will be able to help you find a reputable bond agent in your city that will be able to help you bond out of the detention center should you be allowed to do so.

Once you appear, the judge will hear the charges and evidence against you. Should you be found to be guilty, all is not lost. You or your attorney may apply for “Relief from Removal” which we will explain further in a later blog post. Should your request for “Relief from Removal” be denied, the Immigration Judge will order your deportation.

If you have been ordered deported, you can appeal the decision. Having a good immigration attorney will help you get through the process and will also increase your chances of winning the right to remain in the country. If you are given a final order of removal, you will be detained in immigration detention until such time as arrangements can be made to remove you from the country.