Deportation from the United States

A person who has received a "Notice to Appear" (NTA) is in removal proceedings, which means the government seeks to remove (deport) the person from the United States. The NTA states the reason(s) the government is trying to remove the person.

A person may face removal from the United States for:

• Entering the country without proper authority
  • United States immigration laws require that persons be inspected and admitted into the country by an immigration officer.
• Violating the terms of his or her status in the United States
  • An example of violating status is working without permission.
• Committing a broad range of criminal convictions
  • Under current immigration laws, certain state law misdemeanors may make persons deportable, even if they have lived in the United States for many years.
• Becoming a public charge within the first five years of being in the United States
  • A public charge is a person who becomes dependent on the United States government for financial assistance.

Removal proceedings are administrative cases.  They are not criminal cases, and persons will not be appointed a lawyer by the Immigration Court. However, all persons in removal proceedings have the right to be represented by a lawyer.

Removal cases are decided by Immigration Judges, who are part of the Executive Office for Immigration Review, which is part of the Department of Justice.  The government is always represented by an attorney who works for the Department of Homeland Security.  The government attorney's job is to convince the Immigration Judge that the reason(s) listed on the NTA are true and that the person should be removed from the United States.

The rules governing removal from the United States are complex.  For example, there are special rules for how the NTA should be issued to a person.  Sometimes even if the reason(s) listed on the NTA are true, there are waivers a person can apply for that will allow the person to stay in the United States.  It is not the job of the government attorney or the Immigration Judge to find a reason why a person should not be removed from the United States.  This is why persons in removal proceedings must, if at all possible, be represented by an immigration attorney.  An attorney will know how to dispute the reasons in the NTA and will properly prepare and file applications for any waivers or benefits a person may qualify for that will allow the person to stay in the United States, or if possible, to depart the United States voluntarily.

If the government has issued an NTA to you, a family member, or a friend, and you would like to know whether any relief from removal is possible, please contact an immigration lawyer to schedule a consultation.