Removal

Contact the law offices of Slowik & Robinson, LLC, to schedule an initial consultation regarding such matters as immigration forms and fees, work visa categories or deportation defenses.
Our central Ohio immigration and business law firm reaches out to clients across the U.S. and around the world who need legal guidance involving visas, permanent residency, business formation and related issues.

Removal occurs when the federal government formally either refuses admission to a foreigner at the U.S. border, or expels from the country a previously admitted alien for violation of certain U.S. immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor. If you or a loved one is facing removal, call Slowik & Robinson, LLC in Columbus, Ohio, today to speak with an experienced immigration lawyer.

Classes of aliens subject to removal

Title 8 of the United States Code contains the country's immigration laws, including the grounds for deportation once physically in the country. Some of these include:

  • Committing certain crimes, notably those of moral turpitude, theft, and domestic and other violence; and aggravated felonies
  • Working illegally
  • Overstaying a visa
  • Entering marriage fraudulently to gain entry into the country
  • Assisting, encouraging, aiding or abetting others to enter the country illegally
  • Using fraudulent or falsified documents to enter the country
  • Providing material misrepresentations to gain entry
  • Violating the terms of immigrant status or other condition of entry
  • Failing to register
  • Engaging in any activity that endangers public safety or creates a national security risk
  • Violating any other U.S. immigration or other law
  • Having been legally inadmissible upon entry
  • Having perpetrated genocide
  • Voting illegally
  • Becoming a public charge
  • Having engaged in terrorist acts
Alien rights in removal proceedings

When an alien is deemed inadmissible at the border, the government must follow the legal procedures as laid down in federal law for turning that person away, but until the alien is within the country, the constitution does not protect the individual. At the point someone is physically in the U.S. — even illegally — he or she becomes a person for purposes of the due process clause that requires the government treat him or her with basic fairness in legal proceedings.

If an alien is inadmissible or if there is evidence an already-present alien has committed a deportable offense, the alien will be subject to removal proceedings by U.S. Immigration and Customs Enforcement (ICE), a part of the Department of Homeland Security (DHS). Removal proceedings are brought before an immigration judge within an arm of the U.S. Department of Justice, who determines whether or not the alien will be deported. This decision is reviewable by the Board of Immigration Appeals (BIA) and then by the federal court system.

Although constitutional protection differs, aliens subject to removal both at the border and once within the country have similar rights under federal statute such as:

  • The right to legal representation
  • The right to notice of the charges against them
  • The right to examine the evidence against them
  • The right to cross-examine government witnesses and offer evidence
  • The right to appeal

The additional constitutional protection that attaches to an alien once within U.S. borders is reflected mainly in a lower level of required evidentiary proof.

Speak to an immigration lawyer

The consequences of being deported or excluded from the U.S. can be catastrophic. Legal representation throughout the removal process is essential. Contact Slowik & Robinson, LLC in Columbus, Ohio, to schedule a consultation with an experienced immigration attorney.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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