The Typical Procedure of a Deportation Hearing
Illegal aliens are defined as undocumented foreign immigrants who owe no allegiance to the United States and have violated U.S. laws by making it their place of residence. They often live in constant fear of being deported, even though an illegal alien may not be automatically deported just because his or her lack of status is discovered.
Illegal alien deportation can be a lengthy process for the United States government. As of late, though, recent terrorist attacks have pushed the Department of Homeland Security and Congress to implement strict illegal alien rules and laws, leaving little room for a successful illegal alien deportation appeal. The deportation process for an illegal alien can be somewhat different than the deportation process for a legal immigrant. The initial notification of deportment for a legal immigrant is usually sent directly to them by the Department of Homeland Security.
During this step in the deportation proceedings, the individual will be served with a Notice to Appear (NTA). Information on the notice will include 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 as well as a letter addressing the right for the individual to hire an attorney. If the individual chooses to hire an attorney, then his or her attorney would be in charge of handling both the deportation defense and the deportation proceedings.
An illegal alien will often be stopped as they attempt to cross the border by border security. Over one million illegal aliens are prevented from entering the United States this way but few of them are processed for a crime. In fact, most illegal aliens that are deported are "hiding" from the government and may get apprehended in a non-related way.
Most immigrants, of legal or alien status, appeal their deportation case if they have the money to hire a lawyer who specializes in immigration and deportation. Illegal aliens, legal immigrants and naturalized citizens have the right to appeal a deportation order. However, the chances of an illegal alien winning a deportation appeal are slim. The United States deported over 1 million illegal aliens in 2009 whereas a naturalized citizen of the United States is not likely to be deported at all.
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 proceedings.
In the hopes of slowing down the alien deportation proceedings, a lawyer may file a motion to reopen an illegal alien’s case with a judge, the Board of Immigration Appeals, or the Department of Homeland Security. It's common for a deportation lawyer to file a motion to stay removal or deportation during the period of time in which the motion to reopen is pending. A motion refers to a lawyer's request to the court or the judge who is hearing a case. Making a motion refers to asking the court to take a specific action. The court has the option to agree with the lawyer's request or to deny the request.
However, filing the motion to reopen is no guarantee that illegal alien deportation proceedings will be postponed. As a whole, the United States attempts to enforce deporting illegal aliens when legally feasible.
NEXT: What to Expect from a Deportation Hearing
