For immigrants subject to expulsion, we recommend that they request an administrative act suspension. During the time between the request for suspension before the court and the final decision, whether they agree to it or not, it is possible that the Brigade of Alien Affairs will execute the expulsion.
In order to avoid this, if the foreigner is released and not sent to an internment camp during the time between the initiation of the request of suspension and the final decision, the best scenario is for him to become untraceable until the suspension request in resolved.
Proof of arraigo, or social integration in Spain, is one motive for arguing for a deportation suspension. Above all, deporting the foreigher may nullify the purpose of the appeal. The Jurisdiction Act of 1998 has opened up a range of possibilities so that the court will grant the suspension.
Another thing to keep in mind is that there are certain severe sanctions that do not necessarily result in deportation during the allegation period as well as during the time of request for suspension.
The law states that depending on how severe the sanction is (those mentioned in article 53), the foreigner may be given a fine or even deported, depending on the circumstances. Consequentially, it is important to plead that deportation is a disproportionate form of punishment.
Apart from illegal residence, another common reason for deportation is interference or activities contrary to public order or against the Law on Public Safety such as the possession of narcotics or being in the process of criminal proceedings.
Remeber that in either of these two scenarios the person is presumed innocent unil the final sanction has been imposed. This is not always accepted by the courts or the Brigade of Alien Affairs where they usually open a file for deportation at the moment the person is accused of an offense. In any event, this is another reason to counter the deportation charge.
Translated by: Katherine Pascal
