What to Know if You Have a Deportation Case

If you or a loved one is facing deportation, the process can feel scary and overwhelming. It is important to understand how it works, what options are available, and where to get legal help. 

This article explains different types of deportation cases and answers common questions about the process. It also tells you where you can find free or low-cost find legal help. 

The is only basic information. Your rights and options depend on your situation. If you or a loved one has a deportation case, talk to a lawyer as soon as possible.

Fighting your deportation case can be very complicated. There is free and low-cost legal help available in Oregon. Read about how to find immigration legal help here. 

What happens in a deportation case?

When the U.S. government wants to deport someone, the process can happen in different ways. Some deportations happen quickly, without the chance to talk to a judge. Others take months or even years.

If you are arrested by immigration officials you, it does not always mean you will be deported right away or even that you will be deported at all.

• You may be held in an immigration detention center while your case moves forward.
• You may be released and allowed to stay in the community during your case.
• If you win your case, you will be allowed to stay in the United States and may get legal immigration papers.

Every deportation case is different and your rights and options will depend on your personal situation. Understanding the process can help you make better decisions and get the right legal help.

Deportation Cases in Immigration Court

Many deportation cases take place in immigration court. This is a special court with an immigration judge and a lawyer for the government. Your case might happen in a courtroom in a city building or inside a detention center if you are being held there. 

When you go to court you have the right to a free interpreter provided by the court if you do not understand English. You are allowed to have a lawyer help and represent you, but the government will not give you one. If you don't have a lawyer at your first day in court, you can ask the judge for more time to find one. 

See this article for information on finding free legal help in Oregon. 

In immigration court, you will have to go in front of a judge to talk about your case. This is called a hearing. Many cases have multiple hearings.

Every case is different, but the typical process for a case in immigration court goes like this:

Notice to Appear: If the government wants to deport you, you will be given (or sent) a legal paper called a "Notice to Appear." This paper explains why they believe you should be deported and should say your court date, time, and location. 

• Sometimes, the court date information is missing or incorrect. Even if the information is on your forms, you should always double-check. You can do this by calling 1-800-898-7180. You can also check your court date online at the immigration court's website here.
• You will need to have your "A number," an 8 or 9-digit number that is on your Notice to Appear or other official immigration papers.    

Your first court hearing: Your first court date is called a "master calendar hearing." 

• A government lawyer will explain why they want to deport you. 
• The judge will ask you questions, and if you want to fight your case and stay in the U.S., you must tell the judge. This is called applying for relief.
• If you want to apply, the judge will give you a deadline to turn in your application and schedule another hearing called a merits hearing.
• If you don’t have a lawyer, you can ask for more time to find one.

Your merits hearing: If you apply to stay, the court will schedule a day for you to explain your case called a merits hearing. 

• This court date is often scheduled months or even years after the master calendar hearing.
• At the merits hearing, you will explain why you should be allowed to stay, and the judge and government lawyer will ask you questions. 
• Even though may be lots of good reasons for you to stay, you may meet the requirements in your application. A lawyer can help you with this. 

After the hearing is over, the judge will decide your case. This may happen the same day, or it may come later.

• If you win: You can stay in the United States and may also receive legal immigration papers, such as lawful permanent residency (also known as having your "green card"). Learn more about legal immigration options in this article.
• If you lose: you may be ordered to leave immediately, be given time to leave on your own, or have the option to appeal the decision. Appealing a decision means you ask a different group of immigration judges to take a second look at your case to make sure no mistakes were made.

Rapid deportation cases: 

In some situations, the deportation process can be much quicker. You may face a faster process if:

• You have already been ordered deported before. 
• You have been convicted or arrested for certain types of crimes. 
• You are arrested by immigration authorities and you can't prove that you have legal status or have been in the country for very long. 

In these types of cases, you might not ever see an immigration judge and have fewer options to fight your deportation. These types of cases include:  

• Expedited Removal: This is a fast process where you could be deported without ever getting to see an immigration judge. Until recently, it was used mostly at the border and in airports. However, it has been expanded to apply everywhere in the United States. You can be deported this way if you can't prove that you have been in the United States for at least two years or that you have legal status.
  • The only exception is if you ask for asylum or you tell the officers that you fear returning to your home country. 
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• Administrative Removal: This applies to people who are not U.S. citizens and have been convicted of certain serious crimes. In these cases, immigration authorities can order someone deported without sending them to see an immigration judge.