Even though you are not a United States citizen, you still have a constitutional right to due process under the law. The United States government cannot remove you from the country without you having the right to be heard by an objective third-party judge. Beyond that hearing, you will also have the right to appeal. If you have received notice that you may be subject to removal from the country, you need to contact an immigration law attorney today to fight possible deportation.
Immigration law allows the government to deport people under certain circumstances. For example, if you have committed certain crimes while in the United States, pose a threat to public safety, or have overstayed a visa, the government may move to deport you. However, the government must go through a legal process before they complete the removal.
You Must Appear in Immigration Court
The initial thing that the government will do is provide you with a Notice to Appear, which begins the deportation process. This is notice that you must appear at a hearing at a certain time and place. A failure to appear means that you may have waived your rights, and you can be subject to removal if you are not at the hearing.
Your hearing will be in immigration court. The federal system has special administrative law courts, where judges hear immigration-related matters. You have the right to go in front of the judge when the government is trying to deport you. The opponent will be the Department of Immigration Control and Enforcement (ICE), which has its own lawyer arguing the case in front of the judge.
How ICE Can Prove That You Should Be Deported
ICE must generally meet two criteria for an immigration judge to order your removal. They must generally show you are not a United States citizen and have violated immigration laws. If you are not legally in the country and cannot prove other grounds entitling you to stay, you will be subject to removal. Even if ICE can prove these two criteria apply, you may still be eligible for immigration status. In that event, you may remain in the United States. For example, you stay based on a family relationship, or you may seek asylum (which keeps you from being deported).
You are entitled to the same due process if ICE tries to remove your lawful permanent resident status. Here, ICE must prove that you committed a crime of moral turpitude or otherwise abused the immigration law process. Again, you have the right to be heard and contest your removal. You may try to argue that whatever crime you allegedly committed was not one that requires deportation. You can also try to convert your status to one that allows you to remain in the country.
You Can Present Evidence in Court to Fight Deportation
Your immigration law attorney can present evidence at this hearing to strengthen your case. Deportation proceedings are not necessarily formal trials like you see in a courtroom, but there is an evidentiary hearing where you can call and question witnesses. Your immigration law attorney can cross-examine the witnesses that ICE calls, and their attorney may also question you.
The immigration law judge may issue a decision at the conclusion of the hearing and inform you of it verbally. Alternatively, they can wait until sometime after the hearing to issue a written decision. Either way, you cannot be deported immediately after the decision without further avenues of appeal. If the immigration judge rules in your favor, you can remain in the United States.
You Can Appeal if You Lose in Immigration Court
If the immigration judge sides with ICE, they will sign an enforceable removal order. You can decide at that point to leave the United States or further appeal the decision. You can file an appeal with the Board of Immigration Appeals, which is another administrative law court that reviews the individual judge’s decision.
If you are still unsuccessful at the BIA level, you can take your case to federal court. The Federal Circuit Court of Appeals hears immigration law cases. They consider the record that was in front of the immigration law judge but do not allow you to begin your case from scratch or add more evidence. They will only review your case for a mistake in the law that the immigration judge may have made. If you lost at the federal circuit level, you can go to the United States Supreme Court, but it is very rare for them to accept a deportation case unless there are novel or crucial legal issues involved.
How an Immigration Lawyer Can Help Your Case
You need an immigration law attorney to present the strongest possible case to contest your deportation. Your immigration lawyer can do the following:
- Communicate with you and explain your legal options
- Identifying potential defenses to fight deportation
- Presenting your evidence in court to an immigration law judge and challenging ICE’s case
- Arguing why your status should be converted, even if you are subject to removal
- Appealing your case to higher levels of review if the immigration law judge rules against you
Hire an immigration law attorney to fight removal. You should contact an immigration lawyer as soon as you receive this notice. Studies show that 93 percent of people who successfully fought deportation had immigration lawyers representing them in the legal process. The federal government will not provide you with legal counsel, so you must hire one yourself. If you do not already have an immigration law attorney representing you, contact one today to schedule an initial consultation. Your legal rights are already on the line.
Consult an Immigration Attorney Now
Deportation can be a frightening and stressful concept, but it is not inevitable. If you receive a Notice to Appear, the best thing you can do for yourself is to contact an immigration firm near you as soon as possible. There are many defenses to deportation, so never give up.