Immigration Information Center
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Removal
Removal occurs when the federal government formally removes an alien from the country for violation of US immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor. If you are at risk of being deported, call our firm today to speak with an experienced immigration lawyer.
Removal (also known as deportation) is a legal proceeding initiated by the federal government against an alien who has violated the terms of his or her visa or broken another US law. Aliens with permanent legal status and nonimmigrant status may be deported. Aliens who are subject to removal have legal rights to challenge their removal prior to being removed from the country.
Classes of Aliens Subject to Removal
Title 8 of the United States Code contains the country's immigration laws, including the grounds for removal. Some of these grounds include:
- Conviction for certain crimes
- Working illegally
- Overstaying visas
- Entering marriage fraudulently to gain entry into the country
- Assisting, encouraging, aiding or abetting others to enter the country illegally
- Using fraudulent or falsified documents to enter the country
- Providing material misrepresentations to gain entry
- Abandoning permanent resident status
- Terminating conditional permanent resident status
- Violating the terms of their immigrant status or other condition of entry
- Failing to register once entering the US
- Engaging in any activity that endangers public safety or creates a national security risk
- Violating any other US immigration or other law
Alien Rights in Removal Proceedings
If there is evidence an alien has committed a deportable offense, the alien will be subject to removal proceedings by the Department of Homeland Security (DHS). Removal proceedings are brought before an immigration judge, who determines whether or not the alien will be deported.
Aliens subject to removal have certain rights, such as:
- The right to legal representation
- The right to notice of the charges against him or her
- The right to examine the evidence against him or her
- The right to cross-examine government witnesses
- The right to appeal
If the immigration judge finds against the alien and orders him or her deported, the alien had 30 days from the date the decision is entered to appeal it to the Board of Immigration Appeals (BIA). If the BIA decides against the alien, the alien has the option of filing a petition to appeal the BIA ruling with the appropriate US Court of Appeals. The DHS also has the opportunity to appeal an unfavorable removal hearing decision, but may not appeal an unfavorable BIA ruling. Either the alien or the DHS may petition the US Supreme Court to review an unfavorable appellate court decision.
Conclusion
The consequences of being deported from the US can be catastrophic. Legal representation throughout the removal process is essential. Contact our firm to schedule a consultation with an experienced immigration attorney.
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