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What is a Deportation Hearing in New Mexico?


— May 23, 2022

Certain individuals who are either married to a U.S. citizen, those who can show their moral character over the last several years, and asylum seekers who are from a dangerous country may be allowed to stay in the United States.


Albuquerque, NM – The federal government of the U.S. expects compliance with its immigration and criminal laws from people who are citizens of other nations. When a person who is not a citizen has committed certain offenses, it is possible that the government can initiate a deportation case against them, and remove them from the country. The person is given a formal hearing to review evidence and make a decision before they are removed from the country. The most common reasons why deportations happen are the commission of crimes, falsifying or lying on immigration documents, and various national security issues. An immigration attorney in New Mexico can help anyone who is facing deportation and related problems. 

Deportation hearings

There are usually several hearings for each case, and attendance is required each time. The first hearing is called a master calendar hearing, and the person is given notice of their future court dates and other pieces of information. There are later merits hearings, which look more like a trial with witnesses and the presentation of evidence. The person being charged with the potential for removal has the opportunity to present their own defense case with witnesses and other pieces of relevant information. In most situations, it is important for the person to prepare for the merits hearings with their attorney and choose a strategy that has a chance of success. Those without legal representation will have a much harder time creating an appropriate defense.  

Defenses to deportation

OKC law school courtroom; image by David Veksler, via Un splash.com.
OKC law school courtroom; image by David Veksler, via Un splash.com.

Certain individuals who are either married to a U.S. citizen, those who can show their moral character over the last several years, and asylum seekers who are from a dangerous country may be allowed to stay in the United States. It is also possible that the government is mistaken about a procedural or substantive issue in the removal hearing. An attorney may be able to discover these kinds of mistakes as an additional defense to removal. 

After being deported 

The consequences of being deported can vary, but a person who was removed from the U.S. cannot legally return for several years in most cases. This is true even if their visa or other immigration documents are still technically valid. It is also possible that the person at the hearing can try to ask for voluntary removal, where they agree to leave the country on their own and avoid the consequences of a removal order formally being on their record. 

Finding a local lawyer

USAttorneys.com is a site that connects people with immigration lawyers in Albuquerque and other cities. People who need assistance can choose their state and practice area to learn more about how an attorney can help. 

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