QUESTION

can someone be deported without seeing a judge?

Asked on Oct 17th, 2016 on Immigration - New York
More details to this question:
My son's father was here for over 15yrs. His current wife filed for divorce without telling him. When he went to his check in that he goes to every 6 months they detained him and deported him without seeing a judge. My son and I were both born here
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Generally speaking, aliens are entitled to a hearing before an immigration judge before being deported. In your fact situation, I assume that you are saying that your son's father had to check into Immigration every six months. That is a procedure used for individuals who have already seen the immigration judge and received a final order of deportation. They are then given in some cases an order of supervision which allows them to stay temporarily while DHS Enforcement Removal Operations attempt to make arrangements to send them back to their home countries. During check-in's, such individuals are sometimes taken, detained, and finally deported.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Nov 14th, 2016 at 7:37 PM

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