Removal Proceedings (Deportation)

The removal process of a non-citizen is commonly referred to as deportation. It is quite common among lawyers and individuals working in immigration law to use the term deportation, but in reality, they are referring to removal.

The removal process is when the non-citizen is brought before an Immigration Judge. In practical terms, it is when the non-citizen has the opportunity to explain to the judge why they should stay in the United States and not return to their country of origin. This is where possible defenses or arguments are presented to avoid being removed from the United States.

There is a difference between being placed in a removal process, being ordered to be removed, and actually being removed. Being placed in a removal process means being brought before an immigration judge and the beginning of the process. It is at this stage where possible defenses are presented to avoid removal. Being ordered to be removed occurs after presenting your defenses, and the judge is not convinced, so they order your removal from the country, which does not happen automatically. Being removed is the process by which the government physically removes you from the country. This can be done voluntarily in agreement with the government or forcibly by the government itself.