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Deportation

Expulsion of a person or group from a place or country

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Scope and content: The case to which this document pertains is representative of the many Chinese deportation case files within the records of the US District court at Los Angeles.
Unknown author Unknown author or not provided · Public domain

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Definition

Definitions of deportation vary: some include "transfer beyond State borders" (distinguishing it from forcible transfer), others consider it "the actual implementation of [an expulsion] order in cases where the person concerned does not follow it voluntarily". Others differentiate removal of legal immigrants (expulsion) from illegal immigrants (deportation).

Deportation in the most general sense, in accordance with International Organization for Migration, treats expulsion and deportation as synonyms in the context of migration, adding:

"The terminology used at the domestic or international level on expulsion and deportation is not uniform but there is a clear tendency to use the term expulsion to refer to the legal order to leave the territory of a State, and removal or deportation to refer to the actual implementation of such order in cases where the person concerned does not follow it voluntarily."

According to the European Court of Human Rights, collective expulsion is any measure compelling non-nationals, as a group, to leave a country, except where such a measure is taken on the basis of a reasonable and objective examination of the particular case of each individual non-national of the group. Mass expulsion may also occur when members of an ethnic group are sent out of a state regardless of nationality. Collective expulsion, or expulsion en masse, is prohibited by several instruments of international law.

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