Can You Stop Deportation in the U.S.?

Deportation, also known as removal proceedings, is a legal process in which the U.S. government seeks to remove a noncitizen from the country. While removal proceedings may lead to deportation, immigration law provides several procedures and forms of immigration court defense that may allow an individual to request relief or challenge removal.

Understanding how deportation cases work in immigration court can help explain the legal options that may exist during the process.

When deportation proceedings begin

Deportation proceedings typically begin when immigration authorities serve an individual with a Notice to Appear (NTA) or another notice initiating removal proceedings.

The Notice to Appear is a formal charging document that:

• Lists the alleged immigration law violations
• Identifies the legal basis for removal
• Orders the individual to appear in immigration court

Once the NTA is issued and filed with the immigration court, the deportation case officially begins.

Role of the immigration court in deportation cases

Immigration court is the legal forum where removal proceedings are conducted.

During the immigration court process:

• An immigration judge presides over hearings
• The judge reviews the facts of the case
• Both the government and the individual may present evidence

Types of immigration court hearings

Deportation cases typically involve two types of hearings:

Master Calendar Hearing

• A preliminary hearing where the charges are reviewed
• The individual may admit or deny the allegations
• The judge may determine eligibility to apply for relief

Individual Hearing

• A trial-like hearing where evidence and testimony are presented
• The immigration judge reviews legal claims and decides whether deportation should occur

Immigration judges also conduct bond hearings, which determine whether a detained individual may be released while their case continues.

Possible defenses or forms of relief in deportation proceedings

In some situations, individuals may request legal relief that could allow them to remain in the United States. These forms of relief are considered potential ways to stop deportation through an immigration court defense.

Possible forms of relief may include:

Asylum

Asylum is discretionary relief available to individuals who have experienced persecution or fear persecution in their home country based on:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Cancellation of removal

Cancellation of removal may be available to certain individuals who meet specific requirements.

For example, 10-Year Cancellation of Removal may apply to individuals who:

• Have lived in the United States for at least 10 years
• Demonstrate good moral character
• Can show that a qualifying relative (such as a U.S. citizen or lawful permanent resident spouse, parent, or child) would experience exceptional and extreme hardship if deported

U Visa

A U Visa may be available to individuals who:

• Were victims of certain serious crimes
• Suffered abuse
• Assisted law enforcement authorities during the investigation or prosecution

T Visa

A T Visa may apply to individuals who:

• Are in the United States due to human trafficking
• Would experience extreme hardship if deported

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) may be available for individuals from certain countries experiencing extraordinary conditions, such as:

• Armed conflict
• Natural disasters
• Other temporary emergencies

Adjustment of status

In some cases, an immigration judge may allow adjustment of status, meaning a person’s immigration status may be changed to lawful permanent resident if the issue leading to removal proceedings resulted from filing or documentation problems.

Defective notice

An individual may challenge deportation proceedings by asserting that the Notice to Appear was not properly served or contains legal defects.

Appeals or motions that may affect deportation cases

Several legal procedures may affect deportation cases after an immigration judge issues a decision.

Appeals to the Board of Immigration Appeals

If an immigration judge orders deportation, the individual may file an appeal with the Board of Immigration Appeals (BIA).

Important aspects of the appeal process include:

• Appeals are generally filed within 30 days of the judge’s decision
• Deportation is typically placed on hold during the appeal process

The BIA reviews whether the immigration judge made legal errors when deciding the case.

Motion to reopen

A motion to reopen asks the immigration judge or the BIA to reconsider the case because of new evidence or facts that were not available during the original hearing.

Motion to reconsider

A motion to reconsider is filed when a person believes the immigration judge applied the law incorrectly when deciding the case.

These motions are usually subject to filing deadlines, typically within 90 days of the final decision.

Important limitations or misunderstandings

There are several important legal limits that may affect attempts to stop deportation.

Criminal convictions

Certain criminal convictions may limit eligibility for relief from deportation.

Examples may include:

• Aggravated felonies
• Crimes involving moral turpitude
• Drug offenses
• Certain domestic violence crimes

Filing deadlines

Many immigration remedies have strict deadlines.

Examples include:

• Asylum applications, which generally must be filed within one year of entering the United States
• Motions to reopen or reconsider, which are usually filed within 90 days of the final decision

Continuous presence requirement

For 10-Year Cancellation of Removal, individuals must maintain continuous physical presence in the United States.

Leaving the United States for more than 90 days may interrupt this requirement.

Discretionary relief

Many forms of immigration relief, including asylum, are discretionary, meaning approval is not guaranteed.

Consequences of a removal order

If deportation is ordered and carried out, individuals are generally subject to a bar on returning to the United States, often lasting at least 10 years.

Immigration rules vary by individual circumstances

The outcome of a deportation case often depends on the individual circumstances involved.

Relevant factors may include:

• Immigration history
• Length of time in the United States
• Criminal background
• Eligibility for immigration relief
• Evidence presented in immigration court

Because immigration law contains many different categories and legal requirements, the availability of relief in removal proceedings can vary significantly between cases.

Key takeaways

• Deportation proceedings usually begin when a person receives a Notice to Appear.
• The immigration court determines whether a person should be deported.
• Individuals may present immigration court defenses such as asylum, cancellation of removal, or other forms of relief.
• Appeals to the Board of Immigration Appeals (BIA) may temporarily stop deportation.
• Motions to reopen or reconsider may allow a case to be reviewed again under certain circumstances.
• Criminal convictions and missed deadlines can limit eligibility for immigration relief.

Final thoughts

Deportation cases involve formal legal proceedings in immigration court where judges review the facts of a case and determine whether a person may remain in the United States. In some situations, individuals may present legal defenses or request forms of relief that could affect the outcome of removal proceedings.

Individuals seeking clarification about deportation proceedings may consult a qualified immigration law firm, such as AB Legal Consult, to better understand how immigration laws may apply to their situation.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Immigration laws and procedures may change, and individual circumstances may affect legal outcomes. Individuals seeking legal guidance should consult a qualified immigration professional.