Deportation and Removal
When an immigrant without citizenship violates United States immigration or criminal laws, they can be deported from the country. Deportation is a process that removes an immigrant from the country and sends them back to their country of origin. The process can be overwhelming, especially with the recent changes in immigration laws. Consulting with an experienced immigration lawyer could possibly delay or reverse the deportation order.
The Philadelphia immigration lawyers at the Law Offices of Tahir Mella, P.C. provide legal counsel and representation in all areas of immigration law. For over 20 years, our experienced team of deportation lawyers have been representing clients before the Department of Homeland Security, the United States Citizenship and Immigration Services (USCIS), all levels of the judicial and immigration courts, the Board of Immigration Appeals (BIA), and the Supreme Court.
Legal Rights for Immigrants Facing Deportation
The removal of an immigrant from the United States is a complicated legal process. An immigrant facing deportation has violated immigration or criminal laws, but they still have the right to legally contest their removal by the federal government. If the individual can prove that their deportation is unconstitutional, they could delay or reverse the deportation order.
An immigration lawyer can help immigrants facing removal from the country secure the documents and evidence necessary when they are before a judge in court. Even if the judge orders the deportation, the lawyer can appeal the decision with the Board of Immigration Appeals and other levels of the judicial system.
The Deportation Process
There are many reasons why a non-citizen can be deported from the United States. Immigration laws pertaining to entry into the country are strict, and anyone that violates the following laws could face removal.
- Does not meet the entry requirements set forth by USCIS
- Violation of the U.S. Immigration and Nationality Act
- Gained illegal entry into the United States
- Terminated conditional permanent residence arrangements
- Helped another alien enter the U.S. illegally
- Fraudulent marriage arrangement to enter the country
- Falsified documents
- Voted illegally
- Convicted of crimes of moral turpitude or aggravated felonies
The U.S. Immigration and Customs Enforcement agency will first notify a person facing deportation with a Notice to Appear (NTA), which will verify the alien’s personal data and outline the reasons for removal. An initial hearing is scheduled where the immigrant states whether they need an attorney. If they do need legal counsel, another hearing will be scheduled. Once the hearing is in session, the plaintiff will verify the personal data contained in the NTA. The judge will then determine if the contents of the NTA warrant deportation.
An immigrant that qualifies for a form of relief from deportation will have another trial scheduled. If they do not qualify for a form of relief, the judge will finalize the deportation order immediately or in a written statement handed down later. At a relief trial, the immigrant has an opportunity to testify and have witnesses testify on their behalf. The judge can then order the deportation or reverse the initial order for removal.
When deportation orders are given, aliens have 30 days to appeal the decision to the Board of Immigration Appeals. If the board orders deportation, the immigrant has the right to file an appeal with the U.S. Court of Appeals. After this level of the judicial system, the immigrant can appeal to the U.S. Supreme Court.
Seeking Legal Help When Facing Deportation
It is vital for any immigrant to contact an experienced immigration lawyer if they receive a Notice to Appear from the USCIS agency. Deportation is a serious matter that permanently removes an immigrant from the United States and prohibits them from re-entering the country, even on a visitor’s visa. Families are separated from loved ones as they return to their country of origin. In some cases, deported immigrants return to unfavorable or dangerous conditions in their homeland that prevent family members and loved ones from visiting them.
A qualified immigration lawyer can examine the details of your case and plan a strategy that will delay or fight the removal order. Time is of the essence and taking full advantage of legal rights to delay the deportation process allows lawyers to find grounds for appeal.
Philadelphia Immigration Lawyers at the Law Offices of Tahir Mella, P.C. Help Clients in All Areas of Immigration and Deportation
If you or someone you know is facing deportation, criminal charges, or other immigration legal issues, contact the Philadelphia immigration lawyers at the Law Offices of Tahir Mella, P.C. at 215-496-0690, or contact us online to schedule a consultation today. Our office is conveniently located in Philadelphia, and we serve clients throughout the surrounding areas and nationwide.