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What is the Process for Deportation?

What Is the Process for Deportation in New York?

We can help you understand what you are up against

Deportation is rarely a quick process. However although immigration authorities may try to convince you that it would be advantageous simply to consent to deportation, doing so forfeits a number of important rights and defenses and usually provides no benefit other than expediency. With a team of New York attorneys that includes a former litigator for the INS, we at Bretz & Coven, LLP thoroughly understand how the process works. We have helped both lawful permanent residents, nonimmigrant residents and those who entered without inspection throughout the nation prepare an effective defense, assert their rights, and in many cases, get favorable results during the deportation process.

Deportation hearings

Many people erroneously assume that the removal process involves a hearing at which a judge decides if you should be deported. In factthis is rarely the case. While the amount of time required for deportation varies from case to case, even the simplest matters can take several months and involve multiple hearings:

  • Bond hearing — While not available to every individual facing deportation, many people can be released during the course of the proceedings by posting a bond to secure his or her attendance. The bond amount is usually based on how much of a flight risk the judge perceives the deportee to be.
  • Master calendar hearing — While deportation is not a criminal proceeding, the master calendar hearing probably most closely resembles an arraignment. At this hearing, you must “plea” by accepting or contesting the allegations of deportability that appear in the Notice to Appear (NTA) issued by immigration authorities.
  • Contested hearing — If you disagree with the grounds for deportation listed on the NTA, the judge reviews the evidence provided by both sides to determine if there is enough to support deportation. This is similar to a preliminary hearing in the criminal process.
  • Defenses —These can include qualification for citizenship, adjustment of status, asylum, deferred action or temporary protected status (TPS). Once you have informed the judge that you may qualify for one of these forms of relief, the court allows the proper paperwork to be filed with U.S. Citizenship and Immigration Services or other immigration authorities and waits for the applications to be processed.
  • Merits hearing — This is essentially a full trial on the merits of your case. Both sides present testimony and witnesses. Then the judge makes a decision regarding if you should be deported. Final decisions by an immigration judge may be appealed to the Immigration Board of Appeals and then to the appropriate U.S. Court of Appeals.

Contact us today for zealous defense during the deportation process

As a client of Bretz & Coven, LLP, you can count on a competent and dedicated New York immigration attorney to stand with you throughout the entire deportation process. Contact our experienced immigration lawyers in New York City today at 1 (212) 267-2555 or online for creative solutions to your complex immigration problems.  For an office appointment in Metro Park, New Jersey, call 1 (732) 313-0075.

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