Deportation/Removal - Triggers, Initiation and Legal Effects of Removal or Deportation Order

Triggers of Deportation/Removal Proceedings

There are various grounds for removal] that may lead to deportation. These removal grounds often come to the attention of the Department of Homeland Security ("DHS") when an alien is attempting to seek certain immigration benefit, such as when filing for naturalization (citizenship) or renewing ones green card. During DHS interviews for these benefits, officers will often ask questions relating to grounds for removal. In other cases, a raid at one’s work place or an arrest may lead to removal proceedings as law enforcement officers may notify the DHS if they arrest an alien. Simply overstaying your visa may also initiate removal proceedings. Ultimately, it is in the discretion of the Department of Homeland Security if and when to initiate removal proceedings.

Initiation of Removal or Deportation Proceedings- Notice to Appear

The removal process is initiated by the DHS. The DHS serves the a "Notice to Appear" upon the alien ordering the alien to appear for an immigration hearing. The Notice to Appear advises the alien of the nature of the proceedings, the alleged immigration law violations, the privilege of being represented by an attorney, and the consequences of failing to appear at the hearing.

Legal Effects of Removal or Deportation Order

The consequence for an alien found inadmissible in a removal proceeding is that the alien is not admissible to the United States for 5 years from the date of removal. INA § 212(a)(9)(A)(i). If the alien was ordered removed after a removal hearing, he or she is not admissible to the United States for 10 years. The U.S. Department of Justice provides additional information regarding removal proceedings.


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