Deportation Proceedings

Under the immigration laws in the United States, if a person no longer has any legal status to remain in the country, the person can be removed from the United States. A person might come to the attention of the immigration authorities for a number of different reasons including an arrest for a criminal offense or workplace raids by ICE.

In many of these cases, Immigration and Customs Enforcement (“ICE”) will issue a Notice of Intent to Issue a Final Administrative Removal Order (the “NOI”). The person will then be subject to detention in an immigrant detention facility. Some types of convictions, are subject to expedited removal pursuant to 8 U.S.C. §§ 1227(a)(2)(A)(iii), 1228(a)-(b).

The cases are often called a deportation proceeding or a removal proceeding.

Attorney for Deportation Proceedings in Houston, TX

After a detention, your attorney can help you during an immigration bond hearing so that your release can be secured while your cases proceeds through the system. Additionally, an attorney can help you understand the Notice of Intent to Issue a Final Administrative Removal Order (the “NOI”) and defenses that might apply.

Contact Luis F. Hess, an immigration attorney with offices in The Woodlands, to learn more about your right to challenge the deportation and to seek withholding of removal.

In the greater Houston area, these removal proceedings are heard at the following locations:

  • the Houston Immigration Court in Houston at the Continental Center II on the 9th Floor at 1801 Smith Street in Houston, TX; and
  • the Houston Service Processing Center (SPC) Immigration Court at 5520 Green Road in Houston, TX.

Luis Hess helps clients being detained at detention facilities throughout the greater Houston area including Joe Corley Detention Facility, the IAH Secure Adult Detention Facility, or the Houston Contract Detention Facility.

If you have lost your case or been denied relief, Luis Hess represents immigrants seeking to reverse a negative immigration decision on appeal to the Board of Immigration Appeals (BIA) or U.S. Courts of Appeals.

Call (281) 205-8540.


Reasons for a Deportation Proceeding

The most common grounds for a removal proceeding (often called a deportation proceeding) is because the immigrant is accused of committing one of several deportable offenses, including:

  • Human trafficking;
  • Two or more crimes of moral turpitude within five years of entry that result in being sentenced to more than a year in jail;
  • A domestic violence offense; or
  • An aggravated felony.

Other grounds for deportation or removal include:

  • Committed marriage fraud;
  • Not being eligible to be admitted at the time he or she entered the country;
  • Falsely represented himself or herself as a U.S. citizen;
  • Violated the terms and conditions of a visa;
  • Violated the Alien Registration Act for registration with the government;
  • Falsified immigration documents;
  • Becoming dependent on government assistance;
  • Engaged in a high-speed flight from an immigration checkpoint; or
  • Being a drug addict.

Aliens in deportation proceedings have a right to representation by a lawyer, the right to examine evidence against them, and the right to cross-examine witnesses. 8 U.S.C. § 1229a(b)(4)(A), (B).

The immigration court is also required to maintain a complete record—including a “verbatim” recording—of all testimony and evidence presented at the hearing. 8 U.S.C. § 1229a(b)(4)(C); 8 C.F.R. § 1240.9. In addition, immigration proceedings are governed by a statutorily-proscribed burden of proof. 8 U.S.C. § 1229a(c).


This article was last updated on Tuesday, January 2, 2017.

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