The Deportation Process Explored
Question: ICE just served me with the Notice to Appear for deportation proceedings. I am confused about the deportation process as to what must be done. Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. The deportation process is meant to try to get you to voluntary deport so that there is one less person in the system. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Therefore, do not sign anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the first hearing will be set around 5 to 10 days after you are placed into detention. While it is possible to get bond beforehand, it is not likely. Even if Immigration sets bond, it is usually many thousands of dollars higher than what the Immigration Judge might set.
Answer: The deportation process is certainly one that is intimidating. The ICE officials are usually not pleasant and will many times try to have you sign documents that you should not sign. Do not voluntarily sign anything. Nobody is there to help you during the deportation process, and therefore, you must do what is necessary to get a qualified immigration attorney. The deportation process usually begins along with you being taken from your house or work and put into immigration detention. At that point, I have many clients tell me that ICE officials will basically tell them there is no hope and that they should just sign the voluntary deportation papers so they can be deported. However, in many cases this hopelessness is not true and there are forms of relief that is available. Be sure you are not coerced into signing anything. The deportation process will then continue with a hearing in front of the Immigration Judge. Normally, the 1st 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 first 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. Remember 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 in case you bonded out and will continue with what is known as a Master Calendar hearing. While this particular hearing does not last long in front with the Immigration Judge, it truly is incredibly important. It can be wherever you'll plea to the allegations in the Notice to Appear. This is the document you're served with at the beginning of the deportation process. It could be the charging document as to why immigration believes that you are deportable. After the Master Calendar, in the event you disputed any from the allegations, the deportation process will be set over for what is known like a Contested Hearing. This is where evidence is going to be presented to dispute the allegation and also the Immigration Judge will either agree or disagree 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 on the deportation process is for you to present evidence on what grounds of relief you may 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 might qualify for, your case will be set over to file the essential applications. Afterwards, the deportation process will permit the next hearing which is known as a Merits Hearing. This really is where you will in fact have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you might have. At the end of 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 with 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 sure. Be certain to get an Immigration Attorney who knows the deportation process!
Tags: thousands of dollars, hopelessness, immigration attorney