There are several reasons the government can initiate deportation proceedings. Because the laws regarding deportation are often difficult to understand, hiring an attorney can be very beneficial. Often this can make a difference between staying in the country or being expelled. In addition, this is a situation that can be quite stressful. If you are facing deportation, it can be an emotional and frustrating experience.

Steps of the Deportation Process

There are a few steps that are followed when a deportation hearing is scheduled. The first is the Notice to Appear. A notice is given to the individual stating the reasons why the government believes the person should be deported. This notice is generally given at least 10 days before the hearing. The Notice to Appear must state:

• The essentials of the hearing
• Why the removal is being requested
• The persons right to hire an attorney
• The consequences of not showing up for the hearing

The next step, the master calendar hearing, is before a federal immigration judge. An ICE attorney will also be present. ICE is US Immigration and Customs Enforcement. ICE is a federal agency that includes Homeland Security Investigations and Enforcement and Removal Operations.

Although you may attend this hearing without a lawyer, it would be in your favor to have one. Make sure you attend this hearing because if you do not appear, the judge will issue an “automatic order of removal”. This hearing is the time to inform the judge of what your defense will be, and the date for the next step in the process, the Merits Hearing, will be scheduled.

During the merits hearing, it is essential to have an attorney. He or she will defend your right to remain in the country. You can testify, and witnesses and evidence can be presented on your behalf. What are some of the arguments you and your attorney can use to help you remain in the US?

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• Any crime you were accused or convicted of was not a serious offense
• A “cancellation of removal” is warranted. (If you have been a resident of the US for ten years and can show that your deportation would cause extreme hardship for a family member.)
• Asylum
• Marriage to a citizen of the US

Reasons for Deportation

Legal Scenario: What Would You Do?

Scenario

You are a green card holder living in Queens who was recently convicted of a misdemeanor drug possession charge. Now you've received a Notice to Appear from Immigration and Customs Enforcement stating that deportation proceedings have been initiated against you.

Can I actually be deported over a single misdemeanor drug conviction, and is there anything my lawyer can do to stop it?

Attorney's Answer

Under the Immigration and Nationality Act (INA) Section 237(a)(2)(B), even a single controlled substance conviction can make a lawful permanent resident deportable, with very limited exceptions for a first offense involving simple possession of 30 grams or less of marijuana. However, a skilled criminal deportation attorney can pursue several defensive strategies, including applying for cancellation of removal under INA Section 240A(a) if you have held your green card for at least five years and have seven years of continuous residence. We may also be able to challenge the underlying conviction through post-conviction relief in state court, which if successful could eliminate the immigration consequences entirely. Every detail of your criminal case and immigration history matters, so it is critical to have an attorney who understands both criminal and immigration law working on your behalf immediately.

This is general information only. Contact us for advice specific to your situation.

There are several reasons a person can be deported. Staying after their visa has expired or committing a crime are two of these reasons. What are some of the crimes that are considered grounds for deportation?

• Commission of a felony such as murder, rape, kidnapping, arson, and robbery
• Sex offenses
• The possession of drugs or selling drugs
• Domestic violence
• The possession of firearms or illegal weapons
• Fraud
• Abuse of a minor
• Theft