The term “deportation” was officially renamed “removal” in 1997. We call it deportation here. You can check the section “Deportation, Exclusion, and Removal 101” below to know more about the differences.
The Department of Homeland Security (DHS) can deport a non-citizen from the United States, but they need an order to do so. While the DHS can obtain this type of order in a variety of ways, for most non-citizens inside the United States, they must file formal charges and prosecute a deportation case against that person in proceedings before an immigration judge from the Department of Justice (DOJ).
Deportation is a complicated process that can be frightening for those who are facing possible permanent deportation. They are up against a government attorney from the U.S. Immigration and Customs Enforcement, the DHS agency that prosecutes deportation cases, and appear before an immigration judge from the Executive Office of Immigration Review, the DOJ office that operates the Immigration Court and Board of Immigration Appeals. However, those subject to deportation proceedings have certain rights, including the right to an attorney, and the right to fair proceedings.
Someone who is facing deportation proceedings may feel that it is the end of the road. But this is not the case. You can always challenge whether you are deportable or inadmissible as charged. You may also show you are entitled to deportation relief or protection. You have the right to challenge the immigration judge’s decision about the order of your deportation. You can appeal the decision before an appellate board within the DOJ, the Board of Immigration Appeals, and then before the federal appellate courts, first with the U.S. Court of Appeals that has jurisdiction over the case and then with the U.S. Supreme Court.
If you fear that you might be facing deportation proceedings in the future or on it now, you can count on our attorneys at Jacobs & Schlesinger to help you. We can protect you and your rights by preparing effective arguments against your deportation case. With our decades of combined experience, you can count on us, having helped hundreds of individuals and families against deportation.
We do not only represent people facing deportation proceedings but we also provide initiated services called “Emergency Plans” that prepare you and your family for any deportation attempts of DHS.
If you’re facing deportation, please do not hesitate to reach out to our San Diego removal defense firm at (619) 230-0012.
It is important that you protect yourself from deportation. Once deported, you will not be allowed to enter in the United States again for years, not even for a visit. The DHS may name a lot of reasons for a deportation order, and commonly has something to do with a suspected violation of criminal or immigration laws.
Here are the common reasons why you could be deported:
Deportation, Exclusion, and Removal 101
Before April 1, 1997, there were separate proceedings for non-citizens who had entered the United States and those who had not. Someone who had entered the United States could be placed in “deportation proceedings,” in which they could be ordered deported. Someone who had not entered the United States could be placed in “exclusion proceedings,” in which they could be ordered excluded.
As of April 1, 1997, deportation and exclusion proceedings were mostly combined into “removal proceedings,” in which a non-citizen could be ordered removed. For removal proceedings, it matters whether the non-citizen has been officially admitted to the United States, rather than if he or she has just entered. Someone who was admitted to the United States might be placed in removal proceedings on the basis of a charge of “deportability.” Someone who was not admitted to the United States, even if they were paroled into the country, might be placed in removal proceedings on the basis of a charge of “inadmissibility.”
There are other types of proceedings that may result in a removal order:
In addition, members of some groups are not entitled to full removal proceedings, but can still seek protection from removal before an immigration judge. For instance, crew members, stowaways, and those who entered under the Visa Waiver Program who make a threshold showing can present their claims in asylum-only proceedings. Others who seek protection while in administrative removal proceedings or reinstatement proceedings and make a threshold showing can present their claims in withholding-only proceedings.
At Jacobs & Schlesinger, we approach your removal case with effective strategies to ensure you of the possible success of your case. Our decades of experience make us more than able to work with you, no matter the reason for your deportation proceedings. Being thorough and keen in our methods and research to win our clients’ removal cases, we have received national recognition in our success in winning cases considered impossible by other firms.
Contact our San Diego law office at (619) 230-0012 to set up a case evaluation and discuss your situation with our deportation defense team.
As a full-service immigration law firm, our entire focus is on offering comprehensive immigration solutions for people like you and helping you decide which immigration pathway is right for you. Everyone's situation is unique, and our case evaluations are designed to ensure that our advice is fully informed and tailored to you and your family's specific circumstances.
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