What to Know About Deportation Hearings
The deportation process is a lengthy one involving many legal matters. The deportation order is the way in which are non-citizens are expelled from the United States. This removal process is known for being very complicated.
The initial notification of deportment is usually sent by the Department of Homeland Security. During this step in the deportation process, the individual will be served with a Notice to Appear (NTA). Listed on the notice will be the individuals name and country of origin as well as a deportation order to meet with an immigration judge. Other information on this notice may include the nature of offense that is causing the deportment and a letter addressing the right for the individual to hire an attorney.
Hiring a lawyer who specializes in immigration laws and knows the deportation process would be the best course of action for an individual to take. A lawyer will be able to begin the process of trying to postpone the deportment.
Lawyers who specialize in deportation orders and immigration fight hard to make sure their clients are kept, temporarily at least, in the United States. Fighting and winning an appeal is an incredibly difficult task for deportation lawyers to achieve and that difficulty greatly increases if their client is in another country while legal proceeding are going on.
If the deportation lawyer is able to receive a postponement for his or her client, it is called a stay of deportment or stay of removal. A stay refers to a temporary stopping of an action. This will briefly stop the deportation process. Because different government agencies are in charge of overseeing different immigration processes, each separate agency will handle a deportation lawyer's request for a stay differently.
In the hopes of slowing down the deportation process, the deportation lawyer may file a motion to reopen an immigrant's case with a judge, the Board of Immigration Appeals, or the Department of Homeland Security.
A motion refers to a lawyer's request to the court or the judge who is hearing a case. Making a motion is asking the court to take a specific action. The court has the option to agree with the deportation lawyer's request or deny the request
Immigrants should ask their deportation lawyer if they qualify for a stay of deportation or removal while their case appeal is being considered. From the time of the initial decision, an immigrant has thirty days to choose to appeal to the Board of Immigration Appeals. Although it is a cumbersome process, the deportation order can all of a sudden gain speed to the final decision and it is crucial that an individual remains prepared throughout the entire proceedings.
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