Deportation is the removal of a non-citizen from the United States (U.S.) when the presence of the non-citizen is deemed by immigration authorities to be contrary to immigration laws. Exclusion refers to the removal of a person from the U.S. before that person has been admitted to the U.S. An individual who is encountered by immigration authorities at the border who is not admissible to the U.S. is subject to a process called expedited removal which means that Immigration and Customs Enforcement (ICE) or Customs and Border Patrol (CBP) can remove the person without a hearing before an immigration judge. CBP can also process a person for expedited removal at the airports and ports of entry.
There are a number of reasons why a person may be deportable or excludable from the U.S. Individuals who are in violation of the terms of their visas are in danger of deportation. In addition, foreign nationals who commit crimes in the U.S. face the possibility of deportation.
If a person is not subject to expedited removal and is placed into removal proceedings, there are a number of defenses that may be raised and there are a number of ways that a person may fight deportation. Some of the most common forms of relief from removal are the following:
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