A deportation or removal hearing, much like a criminal trial, has two parts. The first part is to determine the issue of deportability or (in the case of an arriving alien) inadmissibility. This is comparable to the guilt or innocence phase of a criminal, trial. The alien (called the "Respondent") is called upon to plead to the charges on the charging document. If any of the charges are denied, a hearing is conducted to determine whether the Respondent is deportable. If deportability is based upon a criminal conviction, documentary evidence of the conviction submitted by the prosecuting attorney from the Department of Homeland Security ("DHS") is usually the total extent of the evidentiary "hearing," as noted above.
If the Respondent is found deportable, the second phase of the hearing is to determine whether he or she must be deported or whether there is some form of relief from deportation available. This is comparable to the punishment phase of a criminal trial. Some examples of relief include asylum, "cancellation of removal," and various discretionary waivers of deportability or inadmissibility.
All the forms of relief from removal, the various statutory grounds of eligibility and discretionary factors, is a topic far too complicated for a paper like this to provide even a smattering of coverage. Criminal defense practitioners are therefore encouraged to consult an experienced immigration attorney before representing a non-citizen client. Suffice to say for present purposes that where the "INA " provides no relief from removal, as is often the case where deportability is based upon criminal conduct, both phases of the proceedings may be completed in as little as five minutes. The DHS attorney submits an authenticated copy of the criminal judgment, that judgment renders the Respondent deportable and ineligible for any relief, and "No more America for you, Jack!"
If the Respondent is found deportable, the second phase of the hearing is to determine whether he or she must be deported or whether there is some form of relief from deportation available. This is comparable to the punishment phase of a criminal trial. Some examples of relief include asylum, "cancellation of removal," and various discretionary waivers of deportability or inadmissibility.
All the forms of relief from removal, the various statutory grounds of eligibility and discretionary factors, is a topic far too complicated for a paper like this to provide even a smattering of coverage. Criminal defense practitioners are therefore encouraged to consult an experienced immigration attorney before representing a non-citizen client. Suffice to say for present purposes that where the "INA " provides no relief from removal, as is often the case where deportability is based upon criminal conduct, both phases of the proceedings may be completed in as little as five minutes. The DHS attorney submits an authenticated copy of the criminal judgment, that judgment renders the Respondent deportable and ineligible for any relief, and "No more America for you, Jack!"
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