What is Deportation?

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Deportation is the process of sending a non-citizen back to their country of origin. This is done in order to enforce laws and policies that are important to the country. Deportation is a serious step that can impact a person’s future in the United States and can lead to the loss of family ties, employment, and even citizenship. Deportation is not a punishment for a crime and there are many different reasons why someone may be subject to deportation.

The government uses a series of hearings to determine whether or not an individual is removable from the country. The first hearing is known as a Master Calendar Hearing and is overseen by the Executive Office for Immigration Review. The hearing is where the government explains to an individual why they are being deported and their rights. It is also where the individual can request a waiver or cancellation of removal based on specific circumstances.

In these hearings, the judge and the government attorney will decide if there is a basis for the relief requested. They will discuss things like if the person’s family would suffer hardship if they were removed, their eligibility for citizenship or adjustment of status, and any grounds that might allow them to stay in the country. There are several different types of relief available, and each has its own requirements and criteria for being granted.

After the hearing is over, the judge will make a decision on whether or not to deport the person. If the judge determines that an individual is removable, they will schedule another hearing known as an Individual Hearing (sometimes called a merits hearing or trial). At this hearing, the person will have the opportunity to present evidence and witnesses in their defense against deportation.

The burden is on the government to prove that an individual is removable by clear and convincing evidence. If they cannot meet this burden, then the individual will be granted relief and have the chance to remain in the United States.

Often, the government will try to remove people without giving them a chance to defend themselves. This can happen when someone is found to be in the country illegally or if they have committed certain crimes. These types of cases usually involve a crime that could be considered an aggravated felony under federal law.

If you are facing deportation, it is important to consult with a qualified lawyer as soon as possible. A skilled immigration attorney can help you navigate the complicated process of removal proceedings and protect your rights. Contact the experienced attorneys of Khouri & Associates today to set up your appointment. We serve clients throughout the state of New Jersey. We are located in Freehold and provide consultations in both English and Spanish. For your convenience, we offer evening and weekend appointments as well. We are proud to represent individuals from all walks of life, including high-profile and celebrity clients. We look forward to meeting you.