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Facing Deportation: How To Prepare And Navigate The Process

Posted by: New Americans Magazine , November 23, 2024

By Emmanuel Olawale

Emmanuel Olawale

Deportation, formally known as “removal,” is the legal process by which the U.S. government expels non-citizens from the country. For many, receiving a Notice to Appear (NTA) marks the beginning of an uncertain and emotionally challenging journey. Preparing for this process is critical, as it involves significant legal, financial, and personal consequences.
Unlike criminal cases, respondents in immigration proceedings are not entitled to court-appointed attorneys. This key distinction leaves many individuals navigating complex legal systems without professional legal assistance unless they can afford it or secure help from a nonprofit organization.

Deportation begins when the Department of Homeland Security (DHS) issues an NTA. This document outlines the reasons for removal, which can include entering the country illegally, overstaying a visa, or violating U.S. laws.
The next step is the Master Calendar Hearing, where respondents appear before an immigration judge. During this preliminary hearing, the charges are reviewed, and the respondent is informed of their rights, which include hiring an attorney at their own expense.

If the case moves forward, a Merits Hearing is scheduled. Here, the respondent can present evidence and arguments for relief from removal, such as asylum or cancellation of removal. The judge then issues a decision.
If the judge orders removal, respondents have the right to appeal to the Board of Immigration Appeals (BIA). However, if all appeals fail, Immigration and Customs Enforcement (ICE) enforces the deportation order.

Steps to Prepare for Deportation
Facing deportation can be overwhelming, but preparation is essential. Here’s how individuals can brace for the process:

  1. Seek Legal Representation
    Hiring an experienced immigration attorney is vital, but it’s important to remember that the government will not provide one. Legal counsel can assess the case, identify defenses, and apply for relief options like asylum or cancellation of removal.
  2. Understand Your Rights
    Non-citizens have specific rights, such as the right to a fair hearing, the right to remain silent, and the right to legal representation at their own expense. These rights can help respondents avoid self-incrimination and better navigate the process.
  3. Compile Supporting Documents
    Gather evidence that supports your case, including:
    • Proof of family ties in the U.S.
    • Employment records and community contributions
    • Documents showing hardships you or your family would face if deported
  4. Explore Relief Options
    Depending on individual circumstances, relief options may include:
    • Asylum: For those fearing persecution in their home country due to race, religion, nationality, political opinion, or social group membership.
    • Cancellation of Removal: For long-term residents who can demonstrate good moral character and significant hardship to U.S.-based family members.
    • Voluntary Departure: Allows individuals to leave the U.S. on their own terms, avoiding the formal consequences of a removal order.
  5. Create a Safety Plan
    For those facing possible deportation, it’s wise to:
    • Arrange for the care of children or dependents
    • Organize financial and legal affairs
    • Ensure trusted contacts have access to essential documents.
    Immigration policies can shift quickly. Staying updated on legal changes and seeking professional advice is critical.
    Without access to court-appointed attorneys, many respondents face the daunting task of representing themselves in immigration court. The absence of free legal aid underscores the importance of seeking nonprofit or pro bono assistance whenever possible.
    Additionally, respondents must attend all scheduled hearings and comply with court orders. Missing a hearing can result in an automatic removal order, regardless of the case’s merits.
    Deportation is a life-altering event with far-reaching consequences, but preparation and informed decision-making can mitigate its impact. Seeking professional legal advice, understanding rights, and exploring relief options are essential steps for anyone facing this challenging process.
    For those navigating the U.S. immigration system, the road may be fraught with uncertainty, but knowledge and preparation can offer a measure of control and hope for the future.

(Emmanuel Olawale is an immigration attorney based in Ohio, representing clients throughout the United States. He can be reached at 888 9 WIN WIN (888 994 6946) or emmanuel@olawalelaw.com.Visit www.olawalelaw.com for more information.)

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Deba Uwadiae is an international journalist, author, global analyst, consultant, publisher and Editor-in-Chief of the New Americans Magazine Group, Columbus, Ohio. He is a member of the Ohio Legislative Correspondents Association, OCLA.

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