An Overview of the Deportation Process
by: American Gateways
How is the deportation/removal process initiated?
The Bureau of Immigration and Customs Enforcement (immigration service) initiates the removal process by serving upon the immigrant and filing with the immigration court a charging document called a "Notice to Appear" (NTA).
What information is contained in the NTA?
The NTA contains certain information about the immigrant that the immigration service believes is true, including the immigrant's full name, country of origin, date and location of last entry into the U.S., and, if applicable, certain criminal convictions. The document also contains the reason why the immigration service believes the immigrant can be deported. The immigration service must deliver this document to the immigrant, whether in person or by mail.
When will my first hearing in front of an immigration judge be scheduled?
Sometimes the NTA contains the date, time, and place of the first hearing in immigration court. If it does not contain this information, a separate notice from the immigration court will be sent to the immigrant's last known address notifying her/him of the date, place and time. At the first hearing, called a "master calendar hearing," a bunch of other cases will be heard at the same time. Present are the immigration judge, the attorney for the immigration service, and an interpreter.
What happens during a Master Calendar hearing?
1) The immigration judge will ask the immigrant if s/he is ready to proceed with the case or if s/he needs more time to find a lawyer. Immigration judges are usually good about giving the immigrant more time to look for a lawyer.
2) Once the immigrant has a lawyer, or once s/he wants to proceed without one, the immigration judge will ask whether the information in the NTA is correct. At this point, the immigrant or lawyer should have looked over all the information carefully. If corrections need to be made, or if some information is not true, this must be communicated to the judge.
3) If the judge decides that all the information is correct and that the immigrant can be deported, then s/he will ask if the immigrant would like to apply for any form of relief from deportation. If the immigrant is not eligible for any form of relief, s/he will be ordered deported. If s/he is eligible for a form of relief and wishes to apply for it, another court date will be set.
What is an Individual Hearing?
If the immigrant has applied for relief from deportation, a separate private hearing, called an individual hearing, will be held. At the individual hearing, the immigrant will give testimony, as well as any other witnesses s/he might provide. If the immigrant is represented, her/his attorney will ask each witness some questions. Then the immigration service's attorney will ask questions. The immigration judge may also ask some questions. At the conclusion of the hearing, the immigration judge will either make an oral decision then or a written one at a later date.
Can I appeal a deportation decision?
If the immigration judge denies all applications for relief, the immigrant will be ordered deported. The immigrant has the right to appeal the decision to the Board of Immigration Appeals (BIA). S/he has 30 days from the date of the decision to appeal. The immigration service may also appeal a decision. After the BIA makes a decision, the immigrant has the option of appealing to the appropriate U.S. Court of Appeals. The immigration service does not have this option. Both parties have the option of appealing a decision by the federal appeals court to the U.S. Supreme Court. A decision by the Supreme Court is final.
How to Pay An Immigration Bond
There are two ways to pay an immigration bond: (1) A Cash Bond OR (2) with a Bond Company.
1. "Cash" Bond
A Cash bond is a way to pay the entire amount of the bond directly to the immigration service. Anyone with legal status can pay the bond. Most local immigration offices will accept payment of the bond, even if the office is not the one that has custody.
Form of Payment
Payment MUST be in the form of:
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cash,
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money order,
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cashier's check, or
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U.S. bond.
Information that must be provided to pay the bond:
1) Full name of the detained immigrant
2) Immigrant's alien registration number (letter "A" followed by 8 numbers)
3) Immigrant's address where s/he will be staying
4) Immigrant's date of birth
5) Immigrant's country of origin
6) Immigration office that has custody over the immigrant
7) Bond amount
8) Full name of person paying the bond
9) Address of person paying the bond
10) Social Security Number of person paying the bond
11) Phone number of person paying the bond
12) Acceptable form of identification of person paying the bond (green card, passport, valid driver's license, or state identification with proof of immigration status)
The person paying the bond signs a form that represents a contract, which basically holds the person responsible for making sure the immigrant appears for all court hearings, all interviews, or deportation.
What if the immigrant does not appear for a hearing?
If the immigrant does not appear as scheduled, the person paying the bond may lose the whole amount paid. However, if that is the case, the person is entitled to receive payment for any accrued interest.
Will the person paying the bond receive a refund for the bond?
Yes, if all reporting requirements are met, the immigration bond is cancelled and the person is entitled to receive a full refund of the bond, plus any accrued interest. The person who paid should receive a notice from the immigration service that the bond is cancelled, in which case s/he must file for a refund.
If you believe that you are entitled to a refund or to accrued interest, you must do one of the following:
1) If you have the original bond receipt (Form I-305) and a copy of the bond contract (Form I-352), both of which you should have received when you paid the bond, mail both forms to the address below.
2) If you do not have the original bond receipt (Form I-305), you must complete a form called an Affidavit in Lieu of Lost Receipt of United States Immigration and Naturalization Service for Collateral Accepted as Security. Form I-395 - form can be downloaded here, and mail a notarized original of the form and a copy of the bond contract (if you have it) to the address below.
Send all requested documents or questions to:
Debt Management Center
Attention: Bond Unit
PO Box 5000
Williston, VT 05495-5000
Tel.: 802-288-7600
Fax: 802-288-1229
2. Bond Company
The other way to pay a bond is through a bond company. Through a signed contract, a bond company agrees to be responsible for making sure the immigrant reports to the authorities when required in return for money (usually a percentage of the bond) or other collateral (usually the remaining percentage of the bond). The amount of money or collateral depends on the bond company and the amount of the bond. If a bond is cancelled, whether the money is refunded depends on the bond company. If the immigrant fails to report when required, the bond company will keep the money or collateral if the signer does not pay the full amount of the bond.
WARNING: Unfortunately, immigration bond companies are not well-regulated. Anyone looking to post a bond through a bond company should read over the contract or have a lawyer read it over before signing it. Bond companies can be found in the phone book as well as on the internet.
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