Deportation, now generally referred to as removal, is the process through which the U.S. government seeks to remove a noncitizen from the United States. A person may be placed in removal proceedings for a variety of reasons, including certain violations of immigration law or criminal convictions. The consequences can be serious, and the legal options available depend on the person’s immigration status, history, and individual circumstances.

Removal proceedings are generally handled through the Executive Office for Immigration Review (EOIR), a component of the U.S. Department of Justice. Immigration judges determine whether a person is removable and, when applicable, whether the person qualifies for relief from removal. The Department of Homeland Security, including U.S. Immigration and Customs Enforcement (ICE), is responsible for initiating and prosecuting removal cases. 

Removal Proceedings

Removal proceedings generally begin when the Department of Homeland Security serves a person with a Notice to Appear (Form I-862) and files it with the immigration court. The immigration judge considers whether the person is removable and may consider applications for relief from removal when the person is eligible. 

A person in removal proceedings may have the opportunity to challenge removability or apply for relief. The appropriate strategy depends on the specific grounds of removability, immigration history, criminal history, family circumstances, and other relevant facts.

Relief From Removal

There is no single form of relief available to everyone facing removal. Depending on the circumstances, potential forms of relief may include:

Cancellation of Removal

Cancellation of removal may be available to certain nonpermanent residents who meet specific statutory requirements. For example, eligibility for cancellation of removal for certain nonpermanent residents generally requires at least 10 years of continuous physical presence in the United States, good moral character during that period, no disqualifying convictions, and a showing of exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. The requirements are highly specific, and meeting the basic requirements does not necessarily guarantee that relief will be granted. 

Lawful permanent residents may also be eligible for a different form of cancellation of removal under certain circumstances.

Asylum and Other Humanitarian Protection

A person who fears persecution or torture if returned to their country may, depending on the circumstances, seek asylum, withholding of removal, or protection under the Convention Against Torture (CAT). Eligibility requirements differ for each form of protection. 

Asylum, for example, may be available to a person who meets the legal requirements based on persecution or a well-founded fear of persecution on account of a protected ground. A person does not need to be a “refugee” in the ordinary sense before applying for asylum.

Adjustment of Status

Some individuals in removal proceedings may be eligible to apply for adjustment of status and become lawful permanent residents without leaving the United States. Eligibility depends on factors such as the person’s manner of entry, an approved immigrant petition, visa availability, admissibility, and other statutory requirements. 

Voluntary Departure

In some circumstances, a person may be permitted to leave the United States voluntarily rather than receive a formal removal order. Voluntary departure has specific eligibility requirements and may have different requirements depending on when it is requested during the removal proceedings. A grant of voluntary departure can also have different immigration consequences from a formal removal order. 

Appeals and Other Legal Options

If an immigration judge issues a decision, a person may have the right to appeal to the Board of Immigration Appeals (BIA). The BIA reviews certain decisions issued by immigration judges, including decisions concerning removability and eligibility for relief.

An appeal from an immigration judge’s decision generally must be received by the BIA within 30 calendar days after the immigration judge issues an oral decision or mails or electronically provides a written decision. The deadline is strict, so anyone considering an appeal should seek legal advice immediately. 

Depending on the circumstances, other legal options may include motions to reopen or reconsider, as well as judicial review in appropriate cases. The deadlines and requirements vary depending on the type of filing and the stage of the case. 

Criminal and Immigration Consequences

Certain criminal convictions can have serious immigration consequences, including making a person removable or limiting eligibility for relief. However, the immigration consequences of a criminal offense depend on the specific offense, the sentence imposed, the person’s immigration status, and other circumstances.

Similarly, certain immigration violations and security-related grounds can affect eligibility for relief or future admission to the United States. Because immigration consequences can vary substantially from one case to another, it is important to have the specific circumstances reviewed by an immigration attorney.

Green Card Holders and Other Non Citizens

Lawful permanent residents do not have the same immigration status or protections as U.S. citizens. In certain circumstances, a lawful permanent resident can be placed in removal proceedings, including because of certain criminal convictions or other grounds of removability.

Visa holders, lawful permanent residents, and other noncitizens may have different rights and available forms of relief depending on their individual circumstances. An immigration attorney can evaluate a person’s status and determine what options may be available.

How Raheen Law Group Can Help

Removal proceedings can be complicated and may have significant consequences for a person’s ability to remain in the United States. At Raheen Law Group, we can assist clients with understanding their immigration options and navigating the removal process.

Our attorneys can assist with:

• Defending against removal proceedings
• Evaluating eligibility for relief from removal
• Preparing and presenting applications for available relief
• Representing clients before the immigration court
• Appealing qualifying immigration judge decisions
• Evaluating other available legal options

If you have received a Notice to Appear, have been placed in removal proceedings, or are concerned about your immigration status, contact Raheen Law Group for a consultation