Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

The Deportation Process Explained

Question: I am now in deportation proceedings. I have no idea what to do in this deportation process and am very afraid how to proceed. 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 full of hearings, arguments, submissions and confusion. ICE officers are not known for being kind and I have heard many stories of ICE officials lying to detainees. 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 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 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 is not likely. Even if 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 when 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 if you bonded out and will continue with what is recognized like a Master Calendar hearing. While this particular hearing does not last long in front with the Immigration Judge, it can be quite important. It is where you’ll plea to the allegations inside the Notice to Appear. This is the document that you are served with at the beginning from the deportation process. It may be the charging document as to why immigration believes that you are deportable. After the Master Calendar, in case you disputed any from the allegations, the deportation process are going to be set over for what is known being a Contested Hearing. This really is where evidence will be presented to dispute the allegation as well as the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is really 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 might have let the Immigration Judge know what relief you may qualify for, your case will be set over to file the essential applications. Afterwards, the deportation process will allow 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 too as whatever other evidence you could have. 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 with the deportation process and you can find lots of other items involved. Nonetheless, this does give you an idea with the deportation process and what to expect. One thing is for sure. Be certain to get an Immigration Attorney who knows the deportation process!

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