Deportation "Removal" Defense

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Immigration: Deportation "Removal"

What is Deportation or Removal?

  • Complete Details

    Deportation, referred to as "removal" in legal terms, occurs when the federal government orders that a non-citizen be removed from the United States. This can happen for different reasons but typically occurs after the immigrant violates immigration laws or the more serious criminal laws. 

  • Why am I being deported?

    Deportation (also called "removal") occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws, described in more detail below. Once deported, an alien may lose the right to ever return to the United States, even as a visitor.


    Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds.

Frequently Asked Questions (FAQs)

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  • What is the difference between removal and deportation?

    There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability. People seeking to be admitted to the USA are subject to the grounds of inadmissibility (INA 212 (a) and persons who have been admitted are subject to the grounds of deportability (INA Sec 237).

  • How long does the deportation process take?

    It depends, someone detained will be on an expedited docket (3-6 Months) but a non-detained person will not. However, the current administration is pressuring Immigration Judges to complete cases as soon as possible and less continuances will be granted to pursue pending benefits at USCIS. It also depends on the location of the court and how many immigration judges there are at that location

  • Can I be detained by ICE?

    One can get arrested by the police following an infraction and perhaps get away with Immigration getting involved. However, some criminal arrests will be followed by a detainer placed by Immigration and Customs Enforcement (ICE) because of the nature of the underlying offense. 

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