Deportation, or “removal”, occurs when a non-citizen alien is ordered to leave the United States. This may occur for several reasons, such as an expired visa or for certain criminal convictions. It should be noted that immigration authorities and agencies currently use the term “removal” instead of deportation. The term removal may also include other proceedings such as exclusion (barring an immigrant from entry into the U.S.).
Under very specific circumstances, an alien who is facing removal may be eligible for relief from removal. If they are found to be eligible, the person will not be removed from the U.S., or their removal may be postponed until a later date. The alien has the burden of proving that they are eligible for such relief.
Relief from removal generally falls under two categories: 1) Discretionary relief; and 2) Administrative/Judicial Relief. Discretionary relief is available while removal proceedings are being conducted. Administrative and Judicial relief is available after removal hearings have been concluded. The lists below are general descriptions of these types of relief; more details can be learned by inquiring with a lawyer.
Some forms of Discretionary Relief from removal include:
Administrative or judicial forms of relief are similar to appeals. They seek to overturn or challenge the conclusion that was reached by an immigration judge or immigration panel. These types of relief may include:
Each of the types of relief listed above is associated with various requirements, filing deadlines, and eligibility factors. You may need to consult with an immigration lawyer to determine whether or not you are eligible to claim any of these forms of relief from removal.
Relief from deportation or removal allows an alien to be excused from removal. This means that they will be allowed to remain in the U.S., even if it means being subject to stricter codes of conduct (such as not being involved in criminal charges). You will probably need to work with an immigration lawyer if you are considering filing for relief from removal. Your attorney can discuss all the details of each option with you, and can inform you of which type of relief will be best for you.
Last Modified: 04-16-2018 01:17 AM PDTLaw Library Disclaimer
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