For immigrants in the United States, understanding their legal rights and obligations is crucial, especially when considering the possibility of deportation without a formal court hearing. While deportation proceedings usually include an immigration judge appearance, specific circumstances permit expedited removal, bypassing this requirement. Please continue reading as this blog delves into the conditions under which individuals may be deported without a hearing and how an experienced Middlesex County, New Jersey, Deportation Defense Lawyer can provide critical guidance.
What is Deportation?
Deportation, also referred to as removal, is the legal process by which non-citizens are ordered to leave the country for violating immigration laws or committing certain crimes. Common reasons for deportation include illegal entry, overstaying a visa, certain criminal convictions, breaches of rules related to immigration matters, and threatening public safety.
Generally, those facing deportation are entitled to a court hearing before removal can occur. This provides them with the opportunity to present a defense to an immigration judge and argue against deportation. The judge will then decide whether the foreign national is removable. If the indivual fials ot convicen the judge they are not subject to deportation, a final order of removal will be issued and they will be ordered to leave the country.
Can I Be Deported from the U.S. Without a Formal Court Hearing?
While a foreign national who U.S. government officials consider unlawfully present or deportable is typically not removed from the country immediately and is granted a full hearing before an immigration judge, there are circumstances under which an individual can be deported without a formal court hearing. The Department of Homeland Security (DHS) can remove an individual with no immigration status without letting them argue their case in front of a judge. This is known as “expedited removal,” which can occur within a few hours or days.
Expedited removal procedures apply solely to “arriving aliens.” This typically pertains to foreign nationals apprehended within 100 miles of the U.S. border within 14 days of entry, or non-citizens lacking valid documentation upon arrival. An immigration officer must first establish that the individual is inadmissible to the country, due to misrepresenting information to gain entry or entering without valid documents, before issuing an expedited removal order.
Furthermore, a hearing may be denied if the government reinstates a prior removal process. If an individual was previously deported and subsequently reentered the country illegally, immigration authorities are entitled to reinstate the original removal order without a new hearing or the opportunity to seek relief from removal.
It’s important to note that if you are facing removal, you may be able to remain in the country based on your status as an asylum seeker. If you fear persecution or torture in your home country and intend to seek asylum in the U.S., they cannot remove you immediately. The immigration officer has to refer you to an asylum officer who will examine your situation.
For more information, please don’t hesitate to contact an attorney from The Law Offices of Aditya Surti, LLC today.