There are several reasons why someone may be deported. Many people are in the United States without the proper authorization. There are also many people who violate the terms of their visa. For instance, if you are here on a visit visa, you are not supposed to be working. Also, if you allegedly commit a crime while on a visa, you can also be subject to deportation hearings.
When someone is being deported for allegedly committing a crime, there are rules the government must follow. For example, the US Supreme Court has recently handed down several cases lately stating the state crime must match the federal crime for someone to be deported.
When the crimes do match and the government believes you are subject to deportation, you get a letter in the mail called a notice to appear, saying you must appear in front of an immigration judge on a certain day. You then go in front of the judge who will list the allegations against you.
Then, you have to go to the local immigration court with your immigration lawyer where you will receive your trial date. The court case is a civil proceeding rather than a criminal proceeding and is also not subject to the general rules of evidence.
If the crimes you are accused of are serious enough, you may be detained at an immigration detention center until your individual hearing. In fact, there is a huge amount of money that is made by the for-profit prison industry and by county jails housing immigrants.
Most immigration judges have about 400 or 500 pending immigration cases. In the morning, most judges will conduct master-calendar hearings, which is similar to a pretrial hearing. They will hear 30 master-calendar cases in the morning and five or six cases set for trial in the afternoon. The full trials are generally about an hour or longer and that’s where the judge determines whether someone gets to stay.
If you believe you are subject to deportation, our dedicated immigration attorneys can help. Call the Hacking Law Practice, LLC today to learn more.