A deportation case generally begins with the issuance of a Notice to Appear (NTA). This document sets out basic information about the immigrant, such as his name and country of origin, as well as the basis for deportation or expulsion. This notice, or a later notice, also schedules the first hearing. Deportation proceedings are conducted by the Department of Homeland Security (DHS).
DHS will first provide non-citizens with a Notice to Appear (NTA). The NTA will cover information such as alleged grounds for removal and your right to have an attorney. The deportation process usually begins when the illegal alien is arrested by the local police for another crime. Whether the crime is a felony or a minor traffic ticket, police can share arrest information with Immigration and Customs Enforcement (ICE).
The police can hold an illegal alien up to 48 hours before transferring them to ICE custody, but they are not required to do so. The most common way to end up being deported is to first be brought to deportation proceedings. Deportation proceedings begin because ICE formally accuses the non-citizen of being removed. The government does this when it believes that the person is in the United States without proper documentation, has violated the terms of a visa or other condition, or has committed a violation that prevents them from remaining in the United States.
Cases that qualify for the expedited process can result in a removal order within 2 weeks, while normal cases that do not qualify for the expedited process can take 2 to 3 years or more to reach a final decision in court. Being in deportation proceedings means that the government is starting a process that could result in a deportation order. Aliens facing deportation proceedings can fight deportation by requesting the cancellation of deportation. Anyone who is granted a stay of removal is protected from being deported to the country where they fear persecution.
This gives them the opportunity to present any evidence that may prevent them from being deported when determining if they are eligible for bail. There are some possible procedural differences on the path to deportation, depending on one's immigration history and how one draws the attention of U. Your Chicago deportation and deportation defense lawyer and then you will see options for what steps to take next. If a person doesn't go through the expedited removal process, the traditional immigration court process begins.
It's certainly possible, but the reality is that deportation requires a significant amount of labor and paperwork, and if it doesn't pose a threat to society (i), the asylum application process is different for people who are in the process of being deported than if they didn't face the deportation procedure. People facing deportation are often forced to sign documents without legal advice, putting them at greater legal risk. In most cases, ICE seeks immigrants to withdraw voluntarily to speed up the process without allowing defendants to protect their legal rights. Being deported or being placed in deportation proceedings can have serious consequences for your ability to remain in the United States or, ultimately, return to the United States.
From arrest to deportation, immigrants who are arrested are often removed from their place of work or home and detained. If you are placed in deportation proceedings, you will be scheduled to appear before an immigration judge, who will decide whether to order your deportation or not.