Deportation, also known as removal, is the formal legal process of removing a non-citizen from the United States when the individual has been found removable for violating the immigration laws. Prior to 1996, exclusion was the denial of a non-citizen’s entry into the United States, and deportation, the process of removing the non-citizen from the United States.

In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act consolidated the exclusion and deportation proceedings into one removal proceeding. The new removal provisions apply to proceedings commenced on or after April 1, 1997. The removal process is initiated by the U.S. Department of Homeland Security when it serves the non-citizen with a notice to appear for a hearing before the U.S. Immigration Court.

Inadmissibility vs. Removability

The Immigration and Nationality Act (“INA”) divides deportation in two separate categories:
1)  Inadmissibility:  Section 212 of the INA — Individuals seeking to enter the United States; and
2)  Removability:  Section 237 of the INA — Individuals in the United States who have been admitted or inspected.
Section 237 of the INA lists the reasons that may lead to a non-citizen’s deportation; while section 212(a) sets forth the classes of non-citizens that are ineligible for a visa or admission into the United States.  There are significant differences not only between these two categories but also between each category’s bases for deportation, which impact charges, the availability of relief, and the length of time a non-citizen may be barred from returning to the United States.

The removal process is lengthy and challenging.  The experienced immigration team at Sánchez-Roig Law, P.A. can equip you with the support and aggressive advocacy of a proven deportation defense team to protect your interests.

To schedule a confidential consultation, please contact us at (305) 373-5385 or via e-mail.  We are available for in-person, telephonic, or video consultations.