Is There a Difference Between Removal and Deportation Proceedings?
Technically, there is a difference between the two terms. Proceedings today are called removal proceedings. Deportation proceedings are essentially removal proceedings that commenced before April 1, 1997. While they are substantially the same process—that is, a process by which we expel a person from the United States—there are nuances in the practice of each one and in the regulations that guide each of type of proceeding. Currently, removal proceedings in the United States are governed by section 240 of the Immigration and Nationality Act; that is the process that exists today for removing somebody from the United States.
What Happens After Someone Is Ordered to Be Deported or Removed from the United States?
The proceedings kick off whenever a person gets served a notice to appear. That notice contains the allegations and the grounds of removability against the person. Soon after, they get a notice of hearing, which contains a specific date, time, and location of where that person needs to appear in front of an immigration judge.
At the initial hearing, the person will normally be read their rights. They can request more time to get an attorney, or they can choose to proceed and plead to the allegations contained in the notice to appear. If the allegations are true, then the person can seek relief for removal. The law is structured in such a way that it gives a person at risk of being removed from the country the opportunity to apply for relief from removal or possibly cancel or suspend that removal, if they meet certain statutory qualifications.
What Are Some Things That Can Be Done That Would Qualify for a Cancellation of Removal?
Qualifying for a cancellation of removal depends on the person’s history in the United States. Typically, if a person has no type of paperwork and has entered the country illegally; if they have been here for more than ten years and they have U.S. citizen minor children, spouses, or parents; and they otherwise have a clean criminal history and can prove that their removal will be subject to extreme hardship, that person will qualify to apply for a waiver. If that person is a resident, then they can apply for a cancellation of removal for residents, which requires them to be a resident for a certain amount of time, assuming they didn’t have a crime that could be categorized as an aggravated felony.
If a person has been battered or subjected to extreme cruelty by their U.S. citizen or permanent resident spouse, then they can apply for what’s called Special Rule Cancellation. For that, they would need a certain amount of time being present in the United States and would have to prove abuse at the hands of the U.S. citizen or permanent resident spouse.
What Generally Happens After a Cancellation of Removal Is Granted?
What happens next depends on the type of cancellation. If a cancellation of removal is granted for a resident, they keep a residency card, and that signifies the end of the case, as far as the immigration judge is concerned. In the case of a non-permanent resident or a special-rule non-resident, there might be some time between the granting of the cancellation and when it is received. There is a yearly quota for the amount of these types of cancellations that are provided per year.
What Can Be Done If Cancellation of Removal Is Denied?
If there is a negative decision in a case, you usually have 30 days to notify the Board of Immigration Appeals that you intend to appeal the case. You will file a notice with a short synopsis of all the points where you disagree with the immigration judge, and then after that, the Board of Immigration Appeals will send you a briefing schedule, where you file legal arguments why you feel the decision to order you removed from the United States is incorrect.
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