deportation hearings

Are You Facing Deportation?

An immigration judge presides over a "removal hearing" where a lawyer from the Department of Homeland Security (previously called the INS) will present a case against you. That lawyer must identify a legitimate reason and must prove all the facts in order to have you deported.

Your Rights

You have a right to an attorney, but not a free attorney. You have a right to a fair hearing. You have the right to present evidence and to hear the evidence against you. You have a right to appeal a decision against you. As your attorney we will protect your rights in a deportation hearing.

Here are some reasons that might be given for your removal:

• You are here without legal permission
• You have overstayed your visa
• You have committed certain crimes (this applies to legal permanent residents as well as people with other immigration status)
• You have taken work in violation of the terms of your visa
• You have smuggled other illegal immigrants into the country
• You misrepresented yourself on previous visa or citizenship paperwork (or someone who prepared your paperwork misrepresented you).

If the judge decides that the other lawyer has proven a case that you can be removed from the country, your attorney can ask for relief from removal. If the judge rules against you, you can appeal the decision to a higher court.

Appealing a Deportation Decision

Deportation appeals can take anywhere from a few months to several years. With the help of an experienced deportation attorney you may be allowed to stay in the U.S. while your appeal is in process and renew your employment authorization during that period.

The deportation appeals process is very complex and not easy to win. But even if you lose a first appeal, it is sometimes possible to appeal again to a higher court.

 

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