Going through removal proceedings is not an easy thing. This legal process, which determines whether a non-citizen should be deported, involves numerous steps and complexities. Understanding the basics of removal proceedings is crucial for anyone who finds themselves or a loved one in this situation.
What Are Removal Proceedings?
Removal proceedings are initiated by the government to determine whether an individual should be removed (deported) from the country. These proceedings are overseen by an immigration judge within the Executive Office for Immigration Review (EOIR), part of the Department of Justice.
Common Reasons for Removal Proceedings
There are several reasons why an individual may be placed in removal proceedings, including:
Criminal Convictions: Certain criminal convictions can make non-citizens removable.
Visa Violations: Overstaying a visa or violating the terms of a visa can lead to removal.
Illegal Entry: Entering the country without proper documentation can result in removal proceedings.
Failure to Maintain Status: Non-citizens who fail to comply with the conditions of their stay, such as failing to attend school or work as required by their visa, can be placed in removal proceedings.
The Removal Process
1. Notice to Appear (NTA)
The process begins when an individual receives a Notice to Appear (NTA), which outlines the charges against them and specifies the reasons for their removal. The NTA is served by the Department of Homeland Security (DHS) and includes the date and location of the initial hearing.
2. Master Calendar Hearing
The first court appearance in removal proceedings is the Master Calendar Hearing. During this brief hearing, the immigration judge will explain the charges, ask the respondent to plead to the charges, and schedule future hearings. It's crucial to have legal representation at this stage to navigate the complexities of immigration law.
3. Merits Hearing
The Merits Hearing, also known as the Individual Hearing, is where the case is fully presented. Both the respondent and the DHS will have the opportunity to present evidence, call witnesses, and make legal arguments. The immigration judge will consider all evidence and testimony before making a decision.
4. Decision
After the Merits Hearing, the judge will either order the respondent's removal or grant relief from removal, which may include adjustment of status, asylum, or cancellation of removal. If the judge orders removal, the respondent has the right to appeal the decision to the Board of Immigration Appeals (BIA).
Potential Relief from Removal
Several forms of relief from removal may be available, depending on the individual’s circumstances:
Asylum: Protection for individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
Cancellation of Removal: Available to certain non-citizens who have been in the country for a specific period, have good moral character, and meet other requirements.
Adjustment of Status: Allows certain non-citizens to apply for a green card while in the country.
Voluntary Departure: Allows the individual to leave the country voluntarily by a certain date, avoiding the stigma of a formal removal order.
The Importance of Legal Representation
Unlike in criminal court, where you have the right to an attorney provided by the state if you cannot afford one, in immigration court, you have the right to be represented by an attorney, but one will not be appointed for you if you cannot afford one. This means you must either retain an attorney or handle immigration proceedings on your own, which is never advisable. Going through removal proceedings without legal representation can be extremely challenging and significantly reduce your chances of a favorable outcome.
An experienced immigration attorney can provide invaluable assistance, including:
Explaining Legal Rights: Ensuring that the respondent understands their rights and the legal process.
Preparing the Case: Gathering and presenting evidence, preparing legal arguments, and identifying potential forms of relief.
Representation in Court: Advocating on behalf of the respondent during hearings and negotiations with the DHS.
Being placed in removal proceedings is a serious matter that can have life-altering consequences. Making sure you understand the process and securing skilled legal immigration representation are important steps to ensure the best possible outcome. If you or a loved one is facing removal proceedings, consulting with an immigration attorney is essential to protect your rights and safeguard your immigration status.
At LaGrone Law we have a proven track record of assisting clients through the removal process. Contact us today to schedule a consultation and learn how we can help you. Call us at 678-250-5449 or fill in the 'Contact Us' form below.
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