Deportation and removal proceedings are very serious matters. If you or a loved one are facing potential deportation from the United States, it can be a scary and stressful experience. You may be worried about being separated from your family, losing your job, or having to return to an unsafe situation in your home country.
At the Texas law firm Bailey & Galyen, we understand how frightening this situation can be. Our compassionate and knowledgeable immigration attorneys are here to help. We have many office locations throughout the state of Texas, providing local access to skilled lawyers who can aggressively protect your rights.
Our attorneys will help you understand this complex legal process. We want you to know that you have rights and options. Most importantly, we want to reassure you that the caring legal team at Bailey & Galyen is in your corner, fighting hard to help you stay in the United States.
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What Is Deportation?
Deportation is the formal removal of a foreign national from the U.S. for violating immigration law. When a person is deported, they are sent back to their country of origin and may lose their right to return to the U.S.
There are many reasons why a person could face deportation. Some of the most common grounds of deportability include:
Entering the country illegally- Overstaying a visa
- Violating the terms of a visa (like working without authorization)
- Helping someone else enter the U.S. illegally
- Marriage fraud to obtain a green card
- Failure to advise USCIS of a change of address
- Commission of certain crimes, including aggravated felonies, crimes of moral turpitude, drug crimes, firearm offenses, and domestic violence crimes
Who Is at Risk of Deportation?
Any immigrant who is not a U.S. citizen may be at risk of deportation if they violate U.S. immigration laws or commit deportable crimes. This includes:
- Undocumented immigrants who entered illegally or overstayed visas
- Green card holders / lawful permanent residents
- People on nonimmigrant visas, such as work visas and student visas
- Refugees and asylees
Receiving a notice that you are in removal proceedings does not necessarily mean you will be deported. You have the right to contest the deportation and present defenses to stay in the U.S.
Unfortunately, even some people who are legally in the U.S. and eligible for immigration benefits may be wrongly placed into removal proceedings. This is why it is so important to have an aggressive and experienced Texas deportation defense lawyer handling your case.
Which Agencies Are Involved in Deportations?
There are several different U.S. government agencies involved in deportations and removal proceedings:
- Department of Homeland Security (DHS): DHS is responsible for enforcing immigration laws. Several agencies within DHS, including Immigration and Customs Enforcement (ICE), U.S. Citizenship and Immigration Services (USCIS), and Customs and Border Protection (CBP), play a role in the deportation process.
- Department of Justice (DOJ): The DOJ Executive Office for Immigration Review (EOIR) operates the immigration court system. Immigration judges who preside over removal proceedings are DOJ employees.
- Department of State (DOS): DOS issues visas to foreign nationals traveling to the U.S. If a visa is revoked, DOS notifies DHS, which can start removal proceedings.
What Are Removal Proceedings?
Removal proceedings are administrative proceedings to determine whether an immigrant can be deported from the United States. Removal is a legal process that is separate from any criminal case. Just because a person has a criminal conviction does not automatically mean they will be deported. They have a right to challenge their deportation in immigration court.
The removal process is started when the immigrant is issued a Notice to Appear (NTA) before an immigration judge. There, the immigrant has a right to present a defense, with the help of a lawyer, and argue why they should be allowed to remain in the United States.
Types of Removal Proceedings
Not all removal proceedings work the same way. Different types of proceedings can apply, depending on the immigrant’s situation.
Regular Removal Proceedings
These are the standard proceedings that most immigrants face. They begin with a Notice to Appear (NTA) and involve a master calendar and individual hearings before an immigration judge. The immigrant may challenge the basis for deportation and apply for various forms of relief. The entire process can take several years to conclude with appeals.
Expedited Removal Proceedings
These fast-track proceedings are used against arriving aliens at the border who don’t have valid documents or who commit fraud. They are also used for undocumented immigrants arrested within 100 miles of the border who entered in the previous two weeks.
In expedited removal, an immigration officer orders the immigrant deported without seeing a judge. They can only avoid immediate deportation by claiming a credible fear of persecution if returned to their home country. Most immigrants in expedited removal are detained throughout the process.
Administrative Removal
This summary removal process is used against non-permanent residents (usually undocumented entrants) who have been convicted of an aggravated felony. An ICE officer rather than a judge makes the deportation decision.
The immigrant is detained and served with a Notice of Intent to Issue a Final Administrative Removal Order. To avoid deportation, the immigrant must prove they are either a permanent resident or U.S. citizen or show that they have not been convicted of an aggravated felony.
Reinstatement of Removal
Immigrants who illegally re-enter the U.S. after a prior removal order are subject to summary deportation. The prior removal order is reinstated, and the immigrant is deported without further hearing or review. If they express fear of return, the case is referred to an asylum officer for a “reasonable fear” interview.
Due to the speed of these summary proceedings, it is critical to contact an experienced immigration attorney as soon as possible to identify all options for relief.
Detention During Removal Proceedings
When immigrants are placed in removal proceedings, ICE may detain them. Detention is mandatory in expedited removal, administrative removal, and reinstatement of removal cases. In regular proceedings, the decision to detain is discretionary, but detention is more likely in cases involving criminal charges.
The immigrant is often held at an ICE detention center, county jail, or private facility contracted by ICE. Some detainees may be eligible for release on bond if they are not a flight risk or danger. Others, including those with certain criminal convictions, may be subject to mandatory detention without bond.
Requesting Bond
Immigrants who are eligible for bond can request a bond hearing before an immigration judge. The judge will consider factors such as community ties, employment, criminal record, and prior immigration violations when deciding whether to grant bond and the bond amount.
A Texas immigration lawyer can make a strong case for why the immigrant should be granted bond and push for a lower bond amount to secure their release. The lawyer can gather supporting evidence and coach the immigrant on how to testify persuasively at the bond hearing.
Alternatives to Detention
In some cases, ICE or an immigration judge may release a person on alternatives to detention. For example, the person may be required to:
- Wear an ankle monitor for tracking purposes
- Check in periodically with an ICE officer
- Be on house arrest
- Participate in a community-based supervision program
If you are detained, your lawyer will examine all possibilities for getting you released so you can more effectively fight your case. Bailey & Galyen has helped many immigrants get out of detention, including winning difficult bond cases and overcoming mandatory detention to secure our clients’ freedom.
How Does the Deportation and Removal Process Work?
The process typically works as follows:
- The immigrant is arrested or brought to the attention of immigration enforcement officers, usually because of an alleged immigration violation or criminal offense.
- The government agency (usually ICE) serves the immigrant with a Notice to Appear (NTA), which orders them to immigration court to begin removal proceedings. The NTA outlines the alleged immigration violations.
- The first immigration court hearing is a preliminary “master calendar” hearing. The charges are read, and the immigrant states whether they will be hiring a lawyer and pleads to the charges. Several master hearings may occur.
- An “individual” hearing (trial) is scheduled. Before then, the immigrant can file applications for relief from deportation, gather evidence, call witnesses, etc. The individual hearing is when both sides argue the case for the judge to decide if deportation is warranted.
- The immigration judge issues a decision to order removal or terminate proceedings. Either side can appeal. Cases can potentially go up to the Board of Immigration Appeals, the Federal Court of Appeals, or even the U.S. Supreme Court.
- If the final decision is to remove the immigrant, ICE carries out the deportation by coordinating with the immigrant’s home country to issue travel documents and physically remove the person from the United States.
How Long Does the Deportation Process Take?
The timeline for deportation cases varies widely. Some cases are resolved quickly in a matter of months. Others can drag on for many years with numerous appeals. The massive backlog of cases in immigration court means that most cases take at least 2-3 years to get to a final individual hearing.
While lengthy delays can be agonizing, they also provide time for the immigrant to pursue all available defenses and relief from deportation with the help of a skilled lawyer. An aggressive attorney can ensure no stone is left unturned in fighting the case.
What Laws Govern Deportation?
Deportation and removal proceedings are governed primarily by federal immigration laws, including:
- Immigration and Nationality Act (INA): The INA is a collection of laws governing immigration and citizenship in the United States. It defines the different categories of immigrants, the grounds for deportability, types of relief from removal, and the removal process.
- Code of Federal Regulations: Title 8 of the Code of Federal Regulations contains the rules for implementing and enforcing the INA.
- Court decisions: Federal appellate court and Supreme Court opinions issued on immigration cases create precedent that guides how the law is interpreted and applied.
There are no specific Texas laws governing deportation since it is a federal matter. However, many cities and counties in Texas have varying policies on cooperating with federal immigration enforcement. Also, depending on the nature of the offense, being convicted of a crime in Texas can have immigration consequences that can lead to deportation.
Why Hire a Texas Immigration Lawyer?
Navigating the deportation defense process on your own is extremely difficult. Having an experienced Texas immigration attorney provides many benefits to protect your rights, including:
Knowledge of the Law
A good lawyer will thoroughly analyze the NTA charges and all evidence to find weaknesses in the government’s case. They know the latest developments in this constantly changing area of law and how they apply to your case.
Exploring All Options
A lawyer can identify and pursue all possible defenses and forms of relief to help you stay in the U.S., such as:
- Challenging deportability (arguing the government has not proven the alleged violations)
- Seeking adjustment of status based on family ties
- Applying for asylum, withholding of removal, or Convention Against Torture (CAT) protection
- Seeking cancellation of removal for permanent or non-permanent residents
- Pursuing other waivers, like 212(c) and 212(h) waivers for criminal issues
- Applying for voluntary departure
- Terminating proceedings due to a defective NTA
Just because you are accused of being deportable does not mean you will automatically be removed. There are many potential ways to fight back.
Representation in Court
Lawyers can appear with you at all hearings, help you prepare testimony, gather supporting evidence, call witnesses, challenge the government’s evidence, make legal arguments and deal with objections, and much more. A persuasive lawyer gives you the best chance of winning your case.
Advocacy Outside Court
Your lawyer can be your advocate outside of court in many ways, including:
- Helping obtain supporting documentation you need for your case
- Assisting detained immigrants in securing release on bond
- Applying to government agencies for immigration benefits
- Contacting deportation officers to get information or push for prosecutorial discretion
- Communicating with family members and other parties to assist with your case
Local Presence and Knowledge
At Bailey & Galyen, we have immigration attorneys located across the state of Texas. They are familiar with the local courts, judges, ICE offices, detention facilities, and how cases are handled in each jurisdiction. You can meet in person, develop a close relationship, and know a Texas attorney is handling your matter.
Contact Bailey & Galyen for Help If You Face Deportation
More than anything, we want you to know that you are not alone. The dedicated immigration lawyers at Bailey & Galyen are here to help you fight for your right to live and work in the United States.
With multiple office locations throughout Texas, our firm provides caring, accessible, and aggressive representation to protect the rights of immigrants facing deportation. If you or a loved one needs assistance with a removal case in Texas, contact us for a confidential consultation to discuss how we can help.
Call our main office in Bedford at 817-345-0580 or contact us online. We are available 24 hours a day, seven days a week.
