Columbus Deportation Defense Lawyer

What is Deportation?

Deportation (also called “removal”) refers to the process by which the government seeks to remove persons who are not U.S. citizens (or “aliens”) from the United States for violations of immigration or criminal laws. Deportation or Removal Proceedings are adversarial proceedings in which an alien may attempt to challenge the government’s allegations and seek relief from removal.

Causes of Deportation

An immigration judge may initiate the removal process for a number of reasons including:

• Violating the terms of a non-immigrant visa,
• Violating immigration law
• Committing a crime
• Aiding another individual's illegal entry
• Failure to provide valid documentation
• Unlawful presence
• Committing marriage fraud

What is a Notice to Appear?

The deportation proceedings commence when the alien is served with the Notice to Appear (“NTA”). The NTA is a document issued by the United States Immigration and Customs Enforcement (“ICE”) that states the reasons for deportation charging the alien with deportability.

• Note: an alien who receives an NTA must respond by providing the Department of Homeland Security (“DHS”) with his/her mailing address (or his attorney’s mailing address) and must appear at scheduled hearings to avoid being deported “in absentia.”

The Deportation Process

Deportation or removal proceedings are conducted by Immigration Judges who are lawyers employed by the Department of Justice’s Executive Office for Immigration Review (“EOIR”). The government bears the burden to show deportability by clear, convincing, and unequivocal evidence. If the government fails to meet its burden, the Immigration Judge will grant the alien relief from removal. If the burden is met and there are no grounds for relief of removal, the Judge will order the alien removed from the U.S.