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What is Deportation?

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Deportation is formal removal from the United States, which should not be confused with inadmissibility.

By Attorney Kayla R. Butz Bolan, Deportation Defense Lawyer, Harrisburg, PA

What is Deportation?

Deportation is the formal removal of an alien from the United States through a proceeding before and Immigration Judge. An alien is defined as any person who is not a citizen or national of the U.S.. 8 U.S. Code §1101(a)(3). Some instances where an alien is deportable include being convicted of certain crimes, such as, two or more crimes involving moral turpitude or any aggravated felony. See 8 USCS §1227(a)(2). Crimes involving moral turpitude generally include crimes that violate the accepted rules of morality of society. See Knapik v. Ashcroft, 384 F.3d 84, 89 (3rd Cir. 2004). Some examples of aggravated felonies include murder, rape, or abuse of a minor. A more complete listing of aggravated felonies can be found in the definitions of the U.S. Code. 8 U.S. Code §1101 (a)(43).

Inadmissibility is Different than Deportation

Offenses that make an alien deportable should not be confused with offenses that make an alien inadmissible. Before determining whether the current offense would be deportable, it must be determined if the alien was lawfully admitted into the U.S..  Any person seeking entry into the U.S. must meet statutory requirements and show that s/he is not inadmissible under the U.S. Immigration and Nationality Act (INA). Common grounds for being deemed inadmissible are a diagnosis of certain diseases, a conviction of either a crime involving moral turpitude or a drug related offense and include any individual who has never been properly admitted into the U.S. More grounds of inadmissibility are located under 8 U.S. Code §1182.

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