Deportation & Removal Proceedings

If placed in deportation proceedings, you need guidance from the attorneys at the Adrogué Law Firm, PLLC to help you successfully navigate the maze of complicated and everchanging laws.

The following is a general and basic outline of laws governing deportation and removal proceedings.  Do not rely solely on this information in attempting to understand whether you or a family member may qualify for certain relief during a removal proceeding.  Contact the attorneys at the Adrogué Law Firm, PLLC for a qualified and knowledgeable opinion on your immigration situation.

Basic Outline of Applicable Laws

A "removal proceeding" is a hearing before an immigration court to determine whether a noncitizen will be removed from the United States.  Any individual in the United States who is not a U.S. Citizen (USC) may be subject to removal if he falls within one of the categories of grounds of inadmissiblity or deportability found within the Immigration and Nationality Act (INA).

For immigration purposes, the term "alien" means any person not a citizen or national of the United States (INA § 101(a)(3)).  In other words, an "alien" is a Non-U.S. Citizen (Non-USC).

Grounds for Deportability

The grounds of deportability are governed by INA § 237(a).  Such grounds correspond to the six general categories of "deportable aliens."  The six general categories of deportable individuals are as follows:

  1. Non-USCs who were inadmissible at the time of entry or who have violated their immigration status(INA § 237(a)(1));

  2. Non-USCs who have committed certain criminal offenses (INA § 237(a)(2));

  3. Non-USCs who have violated laws relating to falsification of documents (INA § 237(a)(3));

  4. Non-USCs who are considered security risks (INA § 237(a)(4));

  5. Non-USCs who have ceome a public charge (INA § 237(a)(5)); and

  6. Non-USCs who have voted unlawfully (INA § 237(a)(6)).

Grounds for Inadmissibility

The grounds for inadmissibility are governed by INA § 212.  Under this section of the INA, there are 10 general categories of inadmissiblity grounds:

  1. Health-related grounds (INA § 212(a)(1));

  2. Criminal and related grounds (INA § 212(a)(2));

  3. National security and related grounds (INA § 212(a)(3));

  4. Public charge (INA § 212(a)(4));

  5. Labor certification and qualification grounds (INA § 212(a)(5));

  6. Illegal entrance or immigration violations (INA § 212(a)(6));

  7. Documentation requirements (INA § 212(a)(7));

  8. Military service grounds (INA § 212(a)(8));

  9. Prior removals or unlawful presence in the U.S. (INA § 212(a)(9)); and

  10. Miscellaneous grounds (INA § 212(a)(10)).

Potential Forms of Relief from Removal

Once an alien placed in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief.  The alien has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an exercise of discretion.

An alien subject to deportation, removal or exclusion may qualify and seek relief or protection through a number of forms of relief including:

  1. Asylum;

  2. Withholding of Removal;

  3. Adjustment of Status;

  4. Cancellation of Removal;

  5. Suspension of Deportation;

  6. Voluntary Departure; and

  7. Waivers of Inadmissibility.

The potential forms of relief listed above have specific requirements and not all individuals will qualify for each form of relief.  Contact the attorneys at the Adrogué Law Firm, PLLC for a qualified and knowledgeable opinion on your immigration situation.