Blog Post
Overview of the Deportation Process
5/26/2025
Before diving into defense strategies, it’s essential to understand the basics of deportation proceedings. Knowing what to expect at each stage can help you and your attorney develop a solid approach. Here is an overview of how the deportation process works.
Initiation Of Proceedings
Deportation proceedings usually begin when U.S. Immigration and Customs Enforcement (ICE) issues you a Notice to Appear (NTA). This outlines the case against you, including the charges and reasons for your potential removal. The deportation process formally starts when the NTA is filed with the immigration court.
Master Hearing
The master hearing is your first appearance before an immigration judge. This addresses procedural matters, including confirming the charges and whether you intend to contest your deportation. You also need to inform the judge if you plan to apply for relief from removal.
Merits Hearing
The merits hearing is the core of the deportation process, where both sides present their entire case. The government tries to prove your deportability while your attorney argues why you should be allowed to stay. Evidence, testimony, and legal arguments are presented, and the judge decides based on the information provided.
Final Decision & Order
After the merits hearing, the court issues a final decision. If you are ordered removed, you may be required to leave the U.S. immediately or, in some cases, voluntarily. However, if the judge grants relief, such as asylum or cancellation of removal, they will allow you to stay in the country legally.
Appeals & Post-Decision Options
If you receive a removal order, you can appeal the decision to the Board of Immigration Appeals (BIA). If not granted, the removal order becomes final. In some cases, filing a motion to reopen or reconsider can halt the process if new evidence or legal errors emerge.
During deportation proceedings, you have the opportunity to challenge your removal order. With proper legal representation, you can develop a strong defense strategy to fight to remain in the United States. A skilled attorney can help you navigate complex immigration laws and improve your chances of a favorable outcome.
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