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Deportation or Removal Process

On Behalf of | Aug 19, 2022 | Deporation and Removal

Deportation in Florida results when an alien is being moved from the U.S. for infractions severe enough to warrant expulsion from this country. Prior to the act of removal, there is a court hearing, and possibly a series of additional proceedings whereby the defendant exercises his right to fight his Deportation Order (DO).

Criminal activity is often the culprit that brings an alien to this point. Whether the alien committed an aggravated felony, a crime of moral turpitude or other serious crime resulting in more than one year in prison, it is enough to be expelled from the US. In some cases, he may be banished permanently.

The road to deportation

When an alien is in the removal process, he will get a court date from Immigration and Customs Enforcement (ICE). If the alien is prepared to move forward with his case, the judge will hear his case. If he needs an attorney, the judge will grant him a limited amount of time to find one. Once the immigration hearing moves forward, the judge will hear testimony and reviews the facts of the case. After listening and reviewing all the evidence, the judge will render a decision as to whether the defendant can stay in the US or affirm that the DO is appropriate. She may also continue the case if she needs more time to make a decision.

Hoping for the best

If the judge signs off on the DO, then the defendant can file an appeal with the Board of Immigration Appeals within 30 days. If the BIA affirms the DO, the alien can continue to defend his case in a U.S. Court of Appeals and eventually all the way to the Supreme Court.

If the alien loses after a decision against his case is made at the highest court in the land, he will be removed from the country.