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The Deportation Process Explained
Question: I have been placed into deportation proceedings I am confused about the deportation process as to what must be done. Answer: It is a complex thing to go through the deportation process. Immigration Judges and Trial Attorneys are not there to help you. Many times they will push you through the system just to get on to the next case. It is very important that you find an Immigration Attorney who is familiar with the deportation process. The deportation process will start normally with you being put into detention. Do not sign any papers at that point except the one that states you want to see an Immigration Judge. Whether it is in detention or not, you will see an Immigration Judge. Only in the deportation process if you bond out will the deportation hearings not be in a detention facility. Sometimes, the Notice to Appear will be mailed to you and you will not be in detention throughout the process and bond will not be necessary.
Answer: The deportation process is certainly one that is intimidating. ICE officers are not known for being kind and I have heard many stories of ICE officials lying to detainees. Do not voluntarily sign anything. Generally, ICE, the Immigration Judge and Trial Attorneys do not want to help you. The deportation process usually begins along with you being taken from your house or work and put into immigration detention. Do not be intimidated by ICE officials. What they tell you is not the gospel truth. ICE officials are not trained in how to fight a deportation. Nor are they Immigration Attorneys. They are trained to detain and deport. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the earliest hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it isn't likely. Even though Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.
At the initial hearing in the deportation process, you could request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and if so, what amount should be set for that bond. If the bond is set, then the case will be continued and you will be given an opportunity to have a family member or friend post the bond and you will be released. Keep in mind that if you appear at all your immigration hearings, that you will get your bond money back at the end of the process. However, if you skip a hearing or do not follow the necessary instructions, you will have just given Immigration the bond money without return.
The deportation process will then continue in a non-detained facility if you bonded out and will continue with what is recognized being a Master Calendar hearing. While this particular hearing does not last long in front with the Immigration Judge, it can be extremely essential. It truly is exactly where you'll plea to the allegations within the Notice to Appear. This really is the document you're served with at the beginning on the deportation process. It could be the charging document as to why immigration believes you're deportable. After the Master Calendar, in case you disputed any on the allegations, the deportation process is going to be set over for what is recognized as a Contested Hearing. This really is exactly where evidence will likely be presented to dispute the allegation and the Immigration Judge will either agree or disagree along with you. If the charge is sustained, the Immigration Judge will determine if there is a proper ground for removability. If so, the next phase from the deportation process is for you to present evidence on what grounds of relief you might qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.
Once you've let the Immigration Judge know what relief you may qualify for, your case will be set over to file the required applications. Afterwards, the deportation process will permit the next hearing which is known as a Merits Hearing. This is where you'll in fact have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you've. At the end in the deportation process (at least at the Immigration Court level), the Immigration Judge will make a decision and let you know if the relief has been granted or denied.
Of course, this is a summary in the deportation process and you will find lots of other items involved. Nevertheless, this does give you an idea from the deportation process and what to expect. One thing is for certain. Be certain to get an Immigration Attorney who knows the deportation process!
