Introduction
Removal proceedings refer to a legal process started by the U.S. government when it seeks to deport a non-U.S. citizen. This process starts when the Department of Homeland Security files a Notice to Appear with the immigration court.
The Initiation of Removal Proceedings
Removal proceedings start when the Department of Homeland Security (DHS) serves a Notice to Appear (NTA) to the non-U.S. citizen. This NTA lists the reasons for deportation. The individual must then attend a hearing before an immigration judge.
First Hearing: Master Calendar Hearing
The first hearing in removal proceedings is the Master Calendar Hearing. The non-U.S. citizen appears before the immigration judge who reviews the NTA and discusses the individual’s rights. During this hearing, the person can either admit or deny the allegations stated in the NTA.
Second Hearing: Merits Hearing
If the person denies the allegations, the case proceeds to the Merits Hearing. Here, the individual can present defenses against deportation. Defenses may include applications for relief, such as asylum, cancellation of removal or adjustment of status.
Decision and Possible Appeal
Once the immigration judge hears all arguments, a decision gets made. If the judge orders deportation, the person has the right to appeal the decision within 30 days. The appeal goes to the Board of Immigration Appeals. If the appeal fails, the individual may end up deporting to their home country.
Legal Representation During the Process
During removal proceedings, individuals have the right to an attorney, but not at the government’s expense. Various organizations offer free or low-cost legal services to non-U.S. citizens involved in removal proceedings. Skilled legal representation helps prevent overlooking any defense options. Just as one would hire a slip and fall lawyer in Bridgeport after an accident, so would they hire an immigration lawyer during removal proceedings.
Conclusion
Removal proceedings are complex processes that can significantly impact an individual’s life. Non-U.S. citizens facing removal proceedings must understand each step in this process and seek legal representation to champion their case effectively. It is critical to actively participate in the process and explore all possible defenses to improve their chances of remaining in the U.S. legally.