The U.S. Constitution provides that any person that was born in the United States or its territories is automatically a U.S. Citizen. Those that were born outside the United States will have to get a Visa or Green Card to live and work legally in the country.
All non-U.S. citizens are subject to the jurisdiction of the U.S. Citizenship and Immigration Services, which includes the Immigration and Customs Enforcement (ICE). ICE is in charge of verifying that all the lawful permanent residents and temporary visitors abide to the conditions of their Visa.
In some instances, ICE places foreign nationals in deportation proceedings. The individual is arrested and served with a Notice to Appear (NTA) and brought before the immigration court. An immigration judge will decide if the immigrant can be released on a bond or not.
At the hearing, the immigrant can be represented by an immigration attorney, if he or she can afford it. The Federal Government will not assign one, although in New York there are many pro bono associations that provide free legal representation to immigrants subject to removal proceedings.
At the end of the trial, the judge will enter a deportation order against the immigrant if the trial attorney for the U.S. government can prove all the allegations or removability contained in the NTA.
Immigration Appeals Process
The judgment of an immigration judge can be challenged by filing an appeals with the Board of Immigration Appeals (BIA). An Immigration Appeals Lawyer will have to file a notice to appeal with the BIA and also forward a copy to the trial attorney for the U.S. government. The BIA will then set the date before which briefs can be filed. Appeals are generally decided on the papers, although in rare circumstances the BIA will entertain oral argument.
If the ground of your removal is a criminal conviction for a crime of moral turpitude, it must be vacated through post-conviction relief or in Federal Court. To do this, you would need a good criminal immigration attorney.
The decisions of the BIA can be appeals to the U.S. Court of Appeals having jurisdiction over the immigrant.