Last updated DEPORTATION MAP Detention Starting a Deportation Bureau of

							                                                                                                                                                   Last updated 7/25/2005
                                                                         DEPORTATION MAP
      Detention & Starting a Deportation                                 Immigration Judge                         Board of Immigration Appeals
                                                                                                                               (BIA)
   Bureau of Immigration & Customs Enforcement                    Bond            Master            Individual
   (BICE) decides to initiate deportation proceeding.           Hearing         Calendar             Hearing       Reviews appeals of IJ decisions filed
   Holds immigrant at County Jail, Federal Detention             If bond          Decides              Hears       within 30 days. Issues final order of
   Center, or Private Prison. Facility may be anywhere          eligible,      deportability,       applications   deportation.
   in the country. BICE issues Notice to Appear                sets bond      relief eligibility.    for relief.
   (charges), and holds immigrant until s/he granted            amount.         May order              Orders
   bond, is ordered released, or deported.                                        release/            release/
                                                                                  removal.            removal.




                                                                                                                               District Court
      BICE                                                                                                         Since the recently-passed REAL ID Act,
                                                                                                                   this court may now only be able to hear
                                                                                                                     habeas corpus petitions challenging
                                                                                                                    detention, and not petitions challenging
                                                                       Deportation                                   removal orders. The REAL ID Act is
                                                                                                                            likely to be challenged.
                                                         If immigrant has a final administrative order
                                                         of deportation, and no stay of deportation,
                                                         BICE may deport him/her. Home country
                                                         (consulate) usually issues travel documents
                                                         first.



                                                                                                                       Circuit Court of Appeals
                                                                                                                    Reviews appeals of removal orders,
                                                                                                                       by way of petitions for review.
                                                                                                                   Petitions for review must be filed within
                                                                                                                           30 days of BIA decision.
   Map Key                                                                                                           This court also reviews appeals of
                                                                                                                        federal district court decisions.
  Department of                                                        Home Country
Homeland Security
                                                              Practices vary. Some governments
                                                              regularly detain, torture, and/or
  Department of                                               monitor detainees. Homelessness
     Justice                                                  and unemployment are common.
                                                                                                                             Supreme Court
 Judiciary Branch                                                                                                  Reviews Court of Appeals decisions that
      Courts                                                                                                       it chooses to accept (very few).


          Adapted from Deportation 101 (Families for Freedom & NYSDA Immigrant Defense Project)