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Overview Of The Removal (Deportation) Hearings Process - Alllaw: What You Should Know

Some aliens are removed by way of  Processing— EMIR — Enforcement.  Deportation (removal) and Removal Proceedings Detention of Noncitizens For noncitizen aliens who are awaiting removal proceedings, detention is the act of detaining an alien in a location different from the place where any violation of U.S. immigration laws occurred. The custody, or “deportation,” of a noncitizen is a voluntary act. Upon a person's arrest and before the detention commences, the Government must initiate removal with the EMIR (see paragraph below). In order to be removed, a noncitizen must be: deported or removed from the United States if the alien is found the alien has or is likely to have committed a violation of Federal law; deported or removed from the United States without cause; and deported or removed to a foreign country under specific authority. . . From the jurisdiction of the United States (18 U.S.C. � 783). The process generally requires the alien (now a person) to be processed and detained by a DHS agency. After an alien faces removal proceedings, the alien can challenge—and possibly win—the removal proceedings, on the basis of alleged violations of U.S. law, including but not limited to: United States citizenship, law, order, or law of another country (including foreign law) the alien entered or attempted to enter the United States when the person was a minor under 18 years old a deportation order issued by the Department of Homeland Security or another Federal agency to remove the person from the United States a criminal charge against the alien; a petition requesting the person be removed from the United States; removal proceedings. Petition to Remove From the United States An alien faces removal proceedings when it is determined by DHS and the U.S. attorney general that he or she has violated U.S. law by: a. committing a Federal or State offense related to, for example, criminal activity or violation of immigration laws that could result in removal, a violation of United States immigration law (e.g., a conviction for illegal reentry, a violation of the Alien's Lawfully Admitted for Permanent Residence, a felony, or drug offenses), or a violation of a State's criminal or immigration laws; b. committing other criminal activities that are grounds for deport ability under immigration law.

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