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  • appeal to deportation?

    Please advise me in this situation: I may face deportation, and if there is an order of deportation, can I appeal to the decision or there is no appeal?
    Thank you.

  • #2
    Please advise me in this situation: I may face deportation, and if there is an order of deportation, can I appeal to the decision or there is no appeal?
    Thank you.

    Comment


    • #3
      (There is no such thing as "deporation" anymore).

      It depends on the basis of the REMOVAL order; and your current legal status. The burden to prove the removability of an alien lies with BCIS. An eligibility based on a criminal conviction including substance abuse, aggravated felony, anything related to violence and terrorism has no right to appeal, so don't have any illegal entries (without inspection) and continuing illegal presence. Most others have some kind of administrative "right" to appeal, but most are unfortunatly unsuccessfull.

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      • #4
        I,m sorry, Not agree with your comments that(There is no such thing as "deporation" anymore).
        The alien who was under deportation before April 1st 1997 and case were decided under trasnsition rule are still under deportation.
        the reason im not agreeying that if the want to file cencellation, they should be filing suspension of deportation not cencellation of removal. both are act in similar way of relief but standard of hardship and other burden is different.
        Its a discussion, not a legal advise..

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        • #5
          you're right, Mohan, it's a gray area; if the reason for the removabity occured before the full effect of IRAIRRA came into law (1997), AND if Lana had some relief available then or qualified for stay of deportation and would be negatively affected by the new laws, she could qualify for the older (stay of deportation) procedure. If she did not qualify then (say had not accrued 7 yrs. of presence if she's illegal), then chancelation of removal will go into effect... it all depends on the details of her case that she hasn't elaborated on!

          You bet, a new law will pass that will repeal the use of the stay deportion, because it complicates things too much!

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          • #6
            not only that, there are other issues. Just to let people( student/lawyers) know that there are very narrow sopt in between Old rule and new rule for suspension of deportation.
            Under the new rules ONLY NTA will stop the physical presence clock. Later added OSC also be act same as NTA and stop the physical presence clock.
            Under old rules OSC issuance can only stop the physical presence But under Transitional rule ONLY NTA can stop the physical clock not the OSC.
            It means if the case is decided under transitional rules,of course Alien was issued OSC ( order show cause) BUT transitional rule only defied about NTA. IF alien had hearing done under transitional rule he can argue that NO NTA issued and OSC is not valid under transition rules He can be granted Suspension and he can adjucate.
            But before the transitional rules and after the transitional rules its not possible, LAw is clear if alien meets the other requirements..
            Its a discussion, not a legal advise..

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            • #7
              Pleas can you explain what NTA is?

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              • #8
                Could you, please, explain what NTA is?

                Thank you.

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