Deportation and Removal Process

Deportation has many steps, and it’s complicated: from the initial notification, all the way to the removal order. If you’re in the removal process now, or might be subject to the process in the future, you should know some things about how the removal process works.

The Immigration and Nationality Act (INA), amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) determine removal proceedings whether a nonUS citizen, or alien, should be deported, sent back to you home country, from the US.

How the Deportation and Removal Process Starts

Usually, the removal process begins with the Department of Homeland Security (DHS) issuing you a Notice to Appear (NTA). This document states your name and the country in which you were born, orders you to appear before an Immigration Judge (IJ), and gives you other information, such as:

  • Why you’re being ordered to appear

  • How you allegedly broke the law

  • Your right to have an attorney, who you’ll have to hire and pay for

  • The consequences of your failure to appear at the hearing

If the judge determines that you can be deported, that is, the information in the NTA is correct, you can apply for relief from removal. If you’re eligible, another hearing will be held.

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