The Deportation Process Explained

June 14, 2010 - PRLog -- 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. Can you explain the deportation process and what will happen.
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.
At the first hearing in the deportation process, you should then request a Bond Redetermination Hearing. This is the hearing where evidence will be presented to see if you are statutorily eligible for bond, and if 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. Keep in mind 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 known as a Master Calendar hearing. While this particular hearing does not last long in front of the Immigration Judge, it is very important. It is where you will plea to the allegations in the Notice to Appear. This is the document you are served with at the beginning of the deportation process. It is the charging document as to why immigration believes you are deportable. After the Master Calendar, if you disputed any of the allegations, the deportation process will be set over for what is known as a Contested Hearing. This is where evidence will be presented to dispute the allegation and the Immigration Judge will either agree or disagree with you. If the charge is sustained, the Immigration Judge will determine if there is a proper ground for removability. If so, the next phase of the deportation process is for you to present evidence on what grounds of relief you might qualify for in Immigration Court. This could be Cancellation of Removal, Adjustment of Status, Asylum, Convention Against Torture, Registry and others.
Once you have let the Immigration Judge know what relief you might qualify for, your case will be set over to file the necessary applications. Afterwards, the deportation process will allow the next hearing which is known as a Merits Hearing. This is where you will actually have trial on the matter and bring witnesses and all of your testimony as well as whatever other evidence you have. At the end of 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 of the deportation process and there are lots of other items involved. However, this does give you an idea of the deportation process and what to expect. One thing is for sure. Be sure to get an Immigration Attorney who knows the deportation process!

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I have been a licensed attorney since 1992. I have passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. My firm helps with deportation, green cards, work permits, etc.