How may a person end up facing removal (deportation) proceedings in immigration court?
A non-citizen of the United States could end up facing removal (deportation) proceedings from the United States in immigration court if the U.S. government charges the person with having committed a ground (fault) of deportability. Non-citizens of the United States that could be placed in removal (deportation) proceedings are:
U.S. citizens, born or naturalized, are not subject to immigration law and therefore the U.S. government cannot place a U.S. citizen in removal (deportation) proceedings. However, Naturalized U.S. citizens might end up in immigration court facing removal (deportation) proceedings if they committed fraud in their applications for legal permanent residence or naturalization (united states citizenship).
Must non-citizens of the U.S. arriving into ports of entry (international bridges, airports or seaports) or people apprehended entering illegally into the U.S. and whom are not in possession of a visa or other document that would allow that person to legally enter the United States, are subject to a process called expedited removal, unless they express having fear of persecution if they are returned to their countries.
Non-citizens placed in expedited removal (deportation) will not have the opportunity to defend themselves against their removal (deportation) charges, before an immigration judge. The person will be removed (deported) from the United States by an immigration officer, immediately or shortly after their application for admission to enter the U.S. is denied or immediately after they were apprehended attempting to enter the U.S. illegally.
Will a person facing removal (deportation) proceedings in immigration court be detained during the entire process?
Depending on the circumstances, some non-citizens may face removal (deportation) proceedings in immigration court without being detained. This is called non-detained removal (deportation) proceedings. Other non-citizens will have to face the entire removal (deportation) proceedings detained in an ICE processing (detention) center. This is called detained removal (deportation) proceedings. Some will be detained at first, but then may be released on parole by ICE or by posting an immigration bond set by an immigration judge.
What can cause that a person be placed in removal (deportation) proceedings in immigration court?
Below are the main grounds (faults) of deportation that can cause that a non-citizen of the United States to be placed in removal (deportation) proceedings before an immigration judge in immigration court.
Can a non-citizen person be placed in removal (deportation) proceedings even if never been convicted of a crime?
As you might have noticed, some grounds of deportability are triggered by having been convicted of serious crimes. Other grounds of deportability can be triggered by having a conviction of less serious crimes and other grounds of deportability can be triggered if the person has engaged in conduct that, although not considered crimes, immigration law considers it reprehensible.
Is there anything a non-citizen can do to avoid being charged with a ground of deportability triggered by serious crimes?
For those grounds of deportation that are triggered by convictions of serious crimes or by the admission of having committed serious criminal conducts, the best immigration court defense is avoiding having a criminal conviction at criminal courts by a judge or jury, pleading guilty to a criminal charge, admitting the commission of any criminal conduct in exchange of a less serious punishment, being placed on probation, or accepting any type of criminal responsibility in court before consulting with an immigration attorney, because once any of that happens, it will be very challenging to overcome the ground of deportation before an immigration judge when the case is filed with the immigration court.
Immigration judges have discretion to wave some grounds of deportability if the non-citizen meets certain requirements. However, the fact that an immigration judge has discretion to waive a ground of deportability, does not mean the judge will rule in favor of the person facing deportation in immigration court.
Therefore, the best immigration court defense against a charge of deportation is preventing the charge in the first place. This means that a non-citizen of the U.S. that is charged of committing a crime must consult with an immigration attorney before accepting any offer of guilty plea or otherwise admitting having committed a crime, even partially, in exchange of time served, probation, deferred probation, release under supervision, and other less serious penalties.
It also means that the non-citizen person should avoid situations that may trigger the non-criminal grounds of deportability on the list above.
Can a non-citizen person present any defense against deportation in immigration court to avoid being removed (deported) of the U.S.?
Yes! Below is a list of the main 9 immigration court defenses that might be available to a non-citizen of the U.S. who is facing removal (deportation) proceedings in immigration courts.
How can an immigration attorney in our firm help you successfully defend against deportation in immigration court?
Immigration attorneys in our firm are experts determining if the person facing deportation meets the requirements to one or more of those deportation defenses. This is what you need to do:
We look forward to helping you stay with your family in the United States. Facing removal (deportation) proceedings in immigration court is probably the most important battle of your entire life and we want to be by your side fighting for you until we reach victory.