Deportation or removal proceedings can be held for multiple reasons. It is of upmost importance to obtain legal representation as soon as possible, due to the complexity of the immigration laws and the procedural rules in Immigration Court.

The Immigration Judge makes a determination as to whether the alien will be removed based on a ground of “inadmissibility,” or a ground of “deportability.”  The Judge’s determination is based on whether the alien has been “admitted” into the United States or not. For example, if an alien is placed in removal proceedings and he has not been “admitted,” he will be charged with a ground of “inadmissibility” pursuant to section 212 of the Immigration and Nationality Act. However, if the alien has been “admitted” and is placed in removal proceedings, he will be charged with a ground of “deportability” under section 237 of the Act.

When the U.S. Citizenship and Immigration Services (USCIS) files the Notice to Appear (NTA) with the Immigration Court, removal proceedings against an alien begin. The USCIS will lodge the charge of removability against the alien on the NTA. At the removal proceedings, the alien will have an opportunity to appear before the Immigration Court in order to challenge the charge of removability and apply for various forms of relief. These forms of relief include:

• Cancellation of removal
• Waivers for charges of inadmissibility
• Adjustment of status, asylum
• Withholding of removal
• Protection under the Convention Against Torture and voluntary departure

Eligibility for each of the listed relief varies according to the statute, the personal situation of each alien, and the charge of removability lodged.

A. Grounds of Inadmissibility

The following grounds of inadmissibility under section 212 of the Act are the ones most frequently charged on the NTA in removal proceedings:

• Crimes Involving Moral Turpitude (CIMT);
• Drug Crimes;
• Controlled Substance Traffickers;
• Multiple Criminal Convictions
  1. Two or more non-political offenses;
  2. Confinement to five years or more;
  3. Regardless of whether or not convictions occurred in a single trial or scheme of misconduct;
• Aliens Present Without Permission or Parole
  1. The alien has the burden of proving admission;
  2. EXCEPTION: Battered women and children are not subject to removal if present without admission or parole and can meet the requirement to self-petition. INA � 212(a)(6)(A)(ii);
• Fraud;
• Alien Smugglers;
• Lack of Documentation upon attempted admission;
• Aliens Unlawfully Present in the U.S.
  1. Exceptions:
     1. Minors, asylum applicants, family unity beneficiaries, battered women and children are not inadmissible.
     2. An alien who is the spouse, son, or daughter of a U.S. citizen or lawful permanent resident may apply for a waiver if he can show that the qualifying relative will suffer extreme hardship if the waiver is not granted.

B. Grounds of Deportability

The following are charges of deportability pursuant to section 237 of the Act that are commonly lodged by the USCIS on the NTA:

• Inadmissible at time of admission or adjustment of status;
• Violation of non-immigrant status;
• Termination of conditional permanent residence
  1. This occurs when the alien and his/spouse fails to file a joint petition to remove the condition at the end of the 2 years subsequent to becoming a conditional permanent resident;
• Smuggling;
• Marriage Fraud;
• Conviction of Crime Involving Moral Turpitude (CIMT) within 5 years of admission where the sentence imposed may have been for 1 year or more;
• Two (2) CIMT Convictions
  1. Not arising out of a single scheme of misconduct;
  2. Requires separate criminal acts;
• Aggravated Felony;
• Controlled Substance Conviction;
• Drug Abusers and addicts � deportable at any time after admission;
• Firearms Offenses;
• Crimes of Domestic Violence, Stalking, and Violations of Protection Orders.