Deportation Info

1.  Aggravated felony – there are serious felony offenses, defined by immigration law, that make the alien subject to deportation.

2.  Crimes Involving Moral Turpitude – there are statutorily designated offenses that subject a noncitizen to removal or deportation. It is defined by the Board of Immigration Appeals as conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed between persons or to society in general.  Examples of crimes of moral turpitude include assault, domestic violence, drug possession and selling offenses, rape, child abuse, fraud, etc.

A alien should always consult with an experienced immigration attorney, such as the lawyers at Hilf & Hilf, PLC, if they are accused of a criminal offense.  The manner in which the case is resolved may make a difference in terms of whether or not the person is deported.  Daniel Hilf, Esq. of the law firm of Hilf & Hilf, PLC has extensive experience in all areas of criminal defense, and can help defend you concerning criminal allegations that have potential immigration law consequences.

3.  Admitting to crime – The admission of a alien to the commission or attempted commission of a crime can be a basis for deportation. For crimes involving moral turpitude, the voluntary admission of such a crime is a basis for removal.

4.  Commission of crime at port of entry – crimes such as (but not limited to) drugs, smuggling, assaults of border agents can prevent a alien from gaining entry or returning to the United States.

5.  Alien that was previously removed – if a alien does not get advanced permission to reapply, then an order of deportation may be reinstated if the non citizen reenters the United States without border inspection.  When an alien is removed or given a voluntary departure under an order of removal re-enters the United States illegally, the Department of Homeland Security can reinstate the prior order of removal and the person may not seek to reopen the original order, review the reinstated order, or seek relief from the removal.  Unless there is some form of persecution involved or a mistake, a non citizen will be removed without having another hearing conducted.

6.  False claim of United States Citizenship – a alien presenting themselves as a United States Citizen can act as a permanent bar in some circumstances.  It is treated very serious by the United States.  A noncitizen should be careful not to engage in privileges held only by citizens such as voting, serving on a jury, or engaging in some forms of employment that are only available to United States citizens.

7.  Mental disorders or behavior disorders that pose threats to the safety of others can be a basis for deportation or inadmissibility.

8.  Drug addiction can be a basis for deportation or inadmissibility.

Once deported, a alien may lose the right to return to the United States, even as a visitor.  A alien who is facing deportation is placed into removal proceedings.  A person who is subject to removal proceedings has legal rights which they can exercise to challege the removal prior to removal occurring.  A alien seeking relief from removal may be eligible for several forms of relief, including: voluntary departure, cancellation of removal, adjustment of status, asylum, withholding of removal, protection under CAT, certain waivers of removability or inadmissibility, nunc pro tunc permission to reapply after removal, estoppels, collateral attack of a previous removal order, deferred action, and private legislation.

When a hearing is scheduled, the Immigration Judge asks the alien if they are going to proceed on their own, or if they need  time to hire an attorney.  The Immigration Judge will move the hearing date to give the alien the opportunity to hire a lawyer to defend them.  It is strongly recommended that an alien in this situation hire an experienced immigration lawyer, such as the lawyers at Hilf & Hilf, PLC.

Do not sign or admit to any papers without having an experienced immigration lawyer review the papers first.  The alien will be asked (or his/her attorney will be asked) if the contents of the notice to appear papers are correct.  If the Immigration Judge determines that it is correct and that the alien can be deported, the alien is given an opportunity to apply for any applicable relief that was previously mentioned above.  If the alien is eligible a hearing is scheduled; if not, the alien is deported.

The immigration lawyer will request bond for the alien if they are eligible for release on bond.  This depends on the nature of any alleged criminal conduct, or if there is already an existing deportation order against the alien.  The Immigration Court has the discretion to lower a previously imposed bond.  If the alien does not bond out of custody, they are held in custody until the final decision is reached in the Immigration Court.

At the hearing the alien has the opportunity to give testimony, present witnesses, and submit evidence on his or her behalf.  Once the Immigration Judge hears the matter, the Immigration Judge will either give an oral opinion, or release a written decision at a later date.

If the Immigration Judge orders the alien deported, the alien has 30 days to appeal that decision to the Board of Immigration Appeals.  If the alien loses that appeal, and reserves the right to appeal, he or she can appeal to the United States Court of Appeals.  The government can appeal an individual hearing decision as well.  The United States Court of Appeals decision can be appealed to the United States Supreme Court by either the alien or the government.