Anyone that doesn’t have a legal status in the United States is in some danger of being deported. Anytime the person encounters law enforcement or immigration authorities, he may be placed in removal proceedings. Those in greatest danger of being deported are people who are not United States citizens, and who have any kind of criminal convictions. Additionally, other places of danger for people without status include bus stations, airports and other ports of entry to the United States. Lastly, anyone that files any kind of petition with immigration, if the petition is not successful, it may be referred to an immigration judge for removal proceedings.

The most common grounds for deportation is being in the United States illegally. This could either be because the individual entered the United States illegally or because they overstayed their visit. Additionally, people who have criminal convictions, those who have committed fraud, or people that were detained by immigration officials upon arrival to the US and did not appear before the immigration proceedings are other common grounds that normally will lead to a removal proceeding.

Normally what happens in the process of deportation is that person is going to have an encounter with law enforcement, or with deportation or immigration authorities. The individual then receives a document called the Notice to Appear. That Notice to Appear is for the person to present themselves in front of an immigration judge at a specified date and time. It is also going to indicate the grounds under which the government believes that the person may be subject to deportation. Sometimes it’s because the person is here illegally, and doesn’t have any kind of immigration documents to show they have a right to be in the US. It could also be because the person has criminal convictions, or the government believes that this person, at some point in the immigration process, committed fraud or misrepresented any information to the government, which may be grounds to be deported.

After the person receives the Notice To Appear, they have to receive another notice which says they have to appear in front of the immigration judge. They do have the right to have an immigration lawyer attend with them, which they have to hire themselves. Once the individual goes to the first hearing, at that time, it will be necessary to either admit to the allegations or deny the allegations. Based on what the allegations are, if the person denies the allegations, and the person is arrested at that time, it is the burden of the government to prove that the person is deportable. On the other hand, if the person is not arrested but is here without status, it is the burden on the person to show that they have the right to remain in the United States.

At the bond hearing, we have to show to the immigration judge that the person, by the nature of their situation, should not be held or detained while the case is pending. These immigration cases can last months or years, and normally what we show the judge is that this person has enough ties with the community and is not a danger to the society, and there is no purpose for keeping them detained while these Removal proceedings move forward. That’s normally what we have to show to the immigration judge—that the person has enough ties with the United States that they are not a flight risk. They are not going to disappear after getting the bond, and we have to show that they have enough ties, they have family, and they have a job. The second thing is showing that they are not a risk to society—they are not terrorists, they don’t have any criminal convictions—and if they are allowed to go out on a bond, they are not going to be causing any harm to anyone.

If we are able to prove that, then the judge will have to evaluate all the positive factors in the case with all the negative factors. That’s why it’s called exercising discretion. Discretion is basically the judge looking at the case as a whole, and then deciding whether this person should be allowed to go free while their case is decided in immigration court.