Deportation and Removal Proceedings

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Deportation is the legal process in which an alien  is formally removed from the United States for violating the U.S. immigration laws.

Deportation is the legal process in which an alien (meaning a foreigner who is not a naturalized citizen) is formally removed from the United States for violating the U.S. immigration laws.

While U.S. Citizenship and Immigration Services (USCIS) is the government agency that handles lawful immigration into the U.S., a different agency known as the Executive Office for Immigration Review (EOIR) oversees the court procedures when an alien is brought before an immigration judge. The EOIR is a division within the Department of Justice that is responsible for conducting immigration court proceedings, appellate reviews, and administrative hearings. Some of the types of proceedings an immigration judge may preside over are briefly discussed below.

Removal Hearings

Removal hearings are conducted to determine whether certain individuals are subject to removal from the United States. The removal process begins when the Department of Homeland Security (DHS) files a document called a “Notice to Appear” (Form I-862) with the immigration court after it is served on the alien. The notice tells the individual to appear before an immigration judge, and includes the following information:

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