THE
PROCEDURES FOLLOWED FOR DEPORTATION
(Now known as removal) |
|
How
does it all begin? |
| When
an alien gets into some type of trouble that alerts the BCIS,
there is a good chance, these days that they will be put into
Removal Proceedings. All removal proceedings begin with a notice
to appear. This is similar to the old orders to show cause. The
notice to appear indicates the reasons the INS believes the alien
is inadmissible or deportable, and the time and place of hearing
before an immigration judge. The alien is also advised of the
right to counsel at no expense to the government and given a list
of free legal services programs. Removal proceedings begin with
the service of the Notice to Appear (NTA). The NTA is basically
the official charging document of the BCIS that places an alien
in removal proceedings. It contains a general outline of the allegations
and charges against the alien. It describes what the alien did
that was illegal. It also lists in technical terms the numbers
of the sections of the law that the alien violated. It also states
the time and place the alien is required to appear before the
Immigration Judge. It is most important that upon receipt of the
Notice to Appear, you should promptly contact an attorney to assist
you. There is only a limited amount of time available to you before
you have to appear at the Immigration Court. |
The
Removal Hearings & Bond |
| When
an alien is taken into custody, the BCIS has the power to release
on Bond, unless, the alien has committed an aggravated crime.
If the BCIS does not release the alien on bond, the alien may
request a Bond Hearing before an Immigration Judge. At the Bond
Hearing, it is the alien’s responsibility to convince the judge
that he or she is not a flight risk and not a danger to the community.
The court must believe that the alien will attend all of their
future hearings. |
The
Master Calendar |
| The
Master Calendar Hearing is the alien's first appearance in Immigration
Court, unless he previously files for a bond hearing. The Master
Calendar is a preliminary hearing to review the case with the
government’s attorney (Trial Attorneys) and with the alien's attorney
(deportation defense attorney). The Immigration Judge will explain
the alien's rights (e.g., the alien's right to an attorney). If
the alien believes that he or she is not ready to go forward,
for example, if the alien needs some time to hire an attorney,
the alien must ask the judge for a continuance with "good
cause." The first continuance is universally granted. |
Individual
Merits Hearing |
The
Individual Merits Hearing is the final trail of the case. The
Trial Attorney is required to prove the charges they made on
the NTA. The alien is able to present his or her case to the
Immigration Judge with witnesses and persuade the Immigration
Judge that he should not be deported, if this is possible. At
the end of the hearing the judge will make either and oral or
written order. It will state the reasons that he is deporting
or not deporting the alien. |
Appeal |
| If
either the trail attorney or the alien is not satisfied with the
judge’s decision, there is a right to appeal, which must be exercised
within 30 day. |
The
Expedited Removal |
“Expedited removal”
is the term coined by the IIRIRA for the rushed procedures
by which immigration officers may without the immigrant seeing
a judge; summarily determine that an alien is not admissible
to the United States. This is also sometimes called “summary
exclusion.” If an immigration officer determines that an arriving
alien is inadmissible because they arrived with either no
immigration documents or fraudulent documents, the officer
may order the alien removed from the United States without
a regular removal hearing. In cases were the alien indicates
either a fear of persecution or an intention to apply for
asylum, the officer must refer the alien for an interview
by an asylum officer.
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