Expulsion and deportation are synonyms, but the latter term is used more in international law. Expulsion is the process of removing someone from a country. In international law, a person may be deported for a number of reasons, including criminal offenses. In national law, however, a person may be deported because of his or her political opinions or a pending legal case.
An individual ordered to be deported is entitled to appeal the decision. They can do so to the Board of Immigration Appeals or the U.S. Court of Appeals, although the Department of Homeland Security may appeal an unfavorable decision made by the BIA. If the judge rejects their appeal, they may appeal the decision to the United States Supreme Court. However, these appeals do not prevent deportation.
After an arrest, an individual is usually taken to an immigration detention center, where immigration officials can process the case. In some cases, the immigrant is held pending a hearing at the Immigration Court. In this case, the individual must report to the immigration court and provide a copy of their bag and luggage. If they refuse to appear at the hearing, they may be placed in a federal prison or a deportation detention center.
Deportation can occur for many reasons, including criminal activity, inadmissibility, or moral turpitude. The process is complicated, but there are certain cases where deportation is warranted, such as when aliens commit crimes or engage in subversive activities in the country they are living in. Families may be split up as a result of deportation, although U.S. courts have largely shown leniency in these cases.
A deportation case is usually initiated when the U.S. government decides that a person is removable and must leave the country. A deportation order is usually issued after an immigration judge rules on whether or not to order the individual to leave. Getting an immigration attorney is crucial for a person facing removal.
Immigration courts usually conduct individual hearings in order to decide whether an individual is eligible for relief from deportation. At this hearing, witnesses and testimony are heard and evidence from the Department of Homeland Security is presented to the immigration judge. The immigration judge then renders a written decision. It is important to note that this process takes time and requires a lot of legal work.
The deportation process has a long history. It originated as a practice to remove criminals from one country to another. It was initially used for political criminals but became a common punishment for many other crimes. It was often accompanied by loss of citizenship and civil rights. It was common in the fifteenth century, when Portugal sent convicts to South America. Many of these men ended up becoming the first settlers of Brazil.
A person may be eligible for relief from deportation if he or she has a credible fear of persecution at home. This fear can be based on race, religion, nationality, or political opinion. Also, a person may have family members living in the United States.