A charge of deportation is usually accompanied by an order to show cause, which requires the foreign national to appear before an immigration judge and demonstrate why he or she should not be deported. There are some defenses to deportation charges, and these can be raised at the deportation hearing itself.
One such form is to move for termination. With termination, a foreign national tries to argue that deportation proceedings should never have been brought forth or that deportation has not been proven.
An individual may also request a withholding of deportation if deportation was brought based on an asylum application. The national must prove that his or her life or freedom would be threatened because of race, religion, nationality, political opinion, or membership in a particular social group if deported to the home country. Withholding is not available to foreign nationals who participate in the persecution of others, or have been convicted of particularly serious crimes in the United States.
Voluntary departure can be requested as a form of deportation relief by foreign nationals who concede deportation and agree to depart the United States within the prescribed time period by their own means. Someone who has voluntarily departed the United States may have an easier time returning than someone who has been deported.
Cancellation of removal, formerly called "suspension of deportation," may be available to foreign nationals who have been continuously present in the United States for at least ten years, who are considered of good moral character, and who show that deportation would cause extreme hardship to the alien, a U.S. citizen or permanent resident parent, spouse, or child.
There are many exceptions and qualifications to deportation, as well as other methods. Foreign nationals facing deportation must have their cases analyzed to determine what, if any, form of relief is available.
For more information on relief from deportation, consult an immigration defense lawyer in your area.
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