Deportation and Removal
What You Need to Know
Title 8 U.S. Code § 1229a governs removal proceedings. Few prospects can be more frightening for people who are lawful permanent residents or otherwise satisfying legal requirements to remain in the United States, because immigration officials may be preparing to argue that a person needs to be removed immediately. A deportation case ends with either deportation or remaining eligible to live and work in the US.
When DHS Commonly Begins Deportation Cases
- Marriage fraud
- Person entered the United States without proper authority
- Person was initially in the US legally but visa has since expired
- Person who violates terms of admission or works without permission
- Green card holder found guilty of a serious crime or had difficulty with the law
- Person with criminal convictions
- Person whose asylum claim has been denied
- Person who overstays a visa
- Person filed for an immigration benefit and it was denied
Deportation Hearings
A Notice to Appear means DHS has already begun the removal or deportation process. This document includes the reasons for removal, the court location, the date and time of the first hearing, the legal authority relied upon, your right to hire an attorney, the consequences for failing to appear, and the requirement to provide your current address and phone number.
Los Angeles Immigration Court is located on Olive Street in downtown LA. The first hearing is called a "master hearing" or "master calendar hearing." A final hearing — if multiple hearings occur — is called an "individual hearing." Other hearings may include bond redetermination hearings, withholding-only hearings, and rescission hearings.
It is important for people to understand that arrests in Los Angeles do not automatically translate to deportations. You will not lose a visa or green card for criminal charges, but you could be at risk.
Most Common Crimes Among Immigrants Facing Removal
- Drug crimes
- Domestic violence
- Sex crimes
- Firearm crimes
- Theft or robbery charges
- Fraud crimes
Timeline
Some people on an expedited docket may resolve their case within six months. Cancellation of removal generally takes up to a year and a half from the master calendar hearing. If cancellation is denied, you can appeal to the BIA.
Our firm understands that every client we serve is unique, and we take the time to really develop relationships with the people we serve. Take the first step when you call (213) 388-1821 or contact us online today to set up a consultation with our Los Angeles deportation and removal lawyer.