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Understanding immigration removal

One of the most misused and misunderstood immigration terms is deportation. Most immigrants in the United States understand that the term refers to the compulsory removal from the United States of a person who has entered and remains in the country without legal status. When the immigration laws were revised in the 1980s, the term deportation was deleted from the law and was replaced by the word removal. Nevertheless, the two words retain the same meaning: the removal from the United States of a person who has no legal right to enter or remain in the country.

A person may be removed from the United States if they have not entered the country legally, are present in the United States in violation of the Immigration and Nationality Act, violated nonimmigrant state or terminated a conditional or permanent residence. Other grounds for removal include conviction of certain criminal offenses or failure to register relating to entry into the United States.

A person who is believed to be in the United States illegally may be removed if the Immigration and Customs Enforcement Service serves the person with a notice requiring the person to appear. The person is given the opportunity to appear at a hearing before an immigration judge and demonstrate why they should be allowed to remain in the United States.

The judge can either order immediate removal from the United States or, if the person is eligible for a form of relief from deportation, set a hearing date to determine whether the person should be allowed to remain in the United States. An alien who has been ordered to be removed from the country has 30 days from the date of the decision to take an appeal to the United States Board of Immigrations Appeals.

These procedures can easily become complex, with many technical issues affecting the ultimate outcome. Anyone who has been ordered to be removed from the United States may wish to consult an experienced immigration attorney for advice on whether to appeal the decision and how to deal with a negative outcome.

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Berke Law Offices, Inc.

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Berke Law Offices, Inc.
21911 Sherman Way
Canoga Park, CA 91303

Phone: 818-647-1002
Phone: 818-647-1002
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