The formal removal of an alien from the US when alien violated immigration laws and therefore is found removable. Deportation is order by immigration judge without any punishment being imposed. Removal is functioned by US Custom and Immigration Enforcement.
Individuals may be eligible for suspension of deportation under § 240.65 Immigration and Naturalization Act (INA). To establish eligibility for suspension of deportation an alien must be deportable under any law of the United States and must establish:
– The alien has been physically present in the United States for a continuous period of not less than 7 years immediately preceding the date the application was filed;
– The alien was and is a person of good moral character; and
– The alien’s deportation would result in extreme hardship to the alien or to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Aliens deportable on criminal or other grounds must establish:
– The alien has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act;
– The alien has been and is a person of good moral character; and
– The alien’s deportation would result in exceptional and extremely unusual hardship to the alien, or to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Battered spouses and children must establish:
– The alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date the application was filed;
– The alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a United States citizen;
– The alien was and is a person of good moral character; and
– The alien’s deportation would result in extreme hardship to the alien or the alien’s parent or child.