Deportation


Deportation is a civil proceeding wherein the federal government orders a non-citizen to be removed from the United States, for violating immigration or criminal laws. Prior to the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the process of deporting an alien was called "deportation" and was limited to a non-citizen who was already present in the United States, regardless of entry (legal/illegal). Deportation was differentiated from exclusion proceeding which was applied to an alien who was apprehended at the border, before entry into the country. The IIRIRA eliminated these distinctions and the general term "removal proceeding" is now used for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.


Removal proceeding is commenced by the Department of Homeland Security (DHS), which took on the functions of the Immigration and Naturalization Service (INS). The DHS has the discretion to "serve" an alien with a charging document (Notice to Appear) containing allegations of immigration law violations. An Immigration Judge will hear the case and will generally make two findings:(1) whether or not the alien is removable from the United States, and (2) whether or not the alien is eligible for a form of relief from removal.


The Law Offices of Ashwani K. Bhakhri can assist you with defense to removal matters and represent you before the U.S. Department of Justice's Executive Office for Immigration Review (Immigration Court). They have over a decade of experience with immigration removal defense. For further information on how they can help you, please contact Law Offices of Ashwani K. Bhakhri at 650-697-0346.


Links:

• Office of Immigration Litigation

• Immigration Litigation Bulletin (Office of Immigration Litigation)

• TRAC - INS (Provides Comprehensive Independent Information About INS Enforcement)

• Grounds of Inadmissiblity and Waivers (State Department)

• Attorney General Vacates Compean Order (6-03-09)

• Attorney General Holder Reverses "No Right to Effective Assistance of Counsel" Decision (6-03-09)

• Immigration Benefits in EOIR Removal Proceedings (USCIS)

• Notice to Individuals Granted Immigration Benefits by Immigration Judge or Board of Immigration Appeals (USCIS)

• Fact Sheet - DHS Procedures for Implemention of EOIR Background Checks Regulations for Aliens Seeking Relief from Removal (8-08-06)

• EOIR Press Release: Final 212(c) Regulations (9-29-04)

• Forms of Relief From Removal - EOIR (8-03-04)

• Adjudicating Requests for Stays at the Board of Immigration Appeals