Removal proceedings, also known as deportation proceedings, are an extremely serious matter. The U.S. government is starting a legal process that could result in the person being deported from the United States. In reality, the U.S. government can potentially place any non-citizen into removal proceedings.
Generally, immigrants who have successfully naturalized as U.S. citizens are protected from removal. However, the U.S. government can de-naturalize and deport certain citizens who used fraud or misrepresentation to gain their green card or citizenship.
Removal Proceedings Explained
Deportation, exclusion, and removal proceedings are similar terms to describe a situation that you must appear before an immigration judge and your immigration status is being challenged. In other words, the U.S. government is putting you in a legal process to remove you from the United States.
Removal proceedings may be triggered in several different ways. The government may deport virtually any non-citizen, but the reasons are different. Some examples include:
- An unlawfully present immigrant is arrested by immigration enforcement
- An asylum applicant is referred to an immigration judge (due to denial)
- A green card holder is convicted of a serious crime
- An F-1 student stops going to school but fails to depart the United States
- A conditional green card holder is denied conditional status based on a finding of marriage fraud by USCIS
What to Expect at Removal Proceedings
A removal proceeding is a court hearing where an immigration judge decides if you must leave the U.S. You’ll have a chance to present your case and request relief from deportation.
Initiation: The Notice to Appear (NTA)
The process begins when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA). This document outlines the charges against you and includes details such as:
- The nature of the proceedings.
- Legal authority under which they are conducted.
- Specific allegations and statutory violations.
- Information about your right to legal representation.
The NTA may also specify the date and location of your hearing. If this information is missing, it will be provided later. It's crucial to keep your contact information updated with the immigration court to receive all correspondence.
The Master Calendar Hearing
Your first appearance is the Master Calendar Hearing, a preliminary session where the immigration judge reviews your case. During this hearing:
- The judge will explain the charges and your rights.
- You'll be asked to respond to the allegations.
- Potential relief options may be discussed.
Having legal representation at this stage is highly beneficial. An attorney can help navigate the complexities and advocate on your behalf.
The Individual Hearing
If you contest the charges or seek relief, an Individual Hearing is scheduled. This is a more detailed session where you can present evidence, call witnesses, and make legal arguments. The judge will evaluate all information before making a decision.
Potential Outcomes of the Deportation Hearing
Several outcomes can result from removal proceedings:
- Termination: If charges are unsubstantiated, the case may be dismissed.
- Relief from Removal: You might be eligible for relief such as asylum, adjustment of status, or cancellation of removal. Each has specific eligibility criteria.
- Voluntary Departure: You may be allowed to leave the U.S. voluntarily, avoiding some penalties associated with formal removal.
- Removal Order: If no relief is granted, the judge will issue an order of removal.
Getting help from an experienced immigration attorney is critical for improving your chances for the best outcome.
Your Rights During Removal Proceedings
Throughout the process, you have rights, including:
- Right to Counsel: You may be represented by an attorney at your expense. The government does not provide free legal representation.
- Right to Present Evidence: You can present testimony, documents, and witnesses in your defense.
- Right to Appeal: If the judge rules against you, you can appeal the decision to the Board of Immigration Appeals within 30 days.
Expedited Removal
Another procedure, known as expedited removal, is very different than removal proceedings. Proceedings provide an opportunity for you to tell your side of the story. But expedited removal is deportation on a fast track.
The government pursues expedited removal for certain people in the United States who are either undocumented or have misrepresented material facts in order to obtain U.S. admission. They may only place people in expedited removal if the immigrant:
- Is at a U.S. port of entry (such as a land border or airport); or
- Entered the United States unlawfully and cannot prove physical presence in the U.S. for at least two years.
An immigration judge does not have a role in the expedited removal process. Instead, an immigration officer decides whether the individual should be deported. It’s a quick process that may last only a few days. Critics of the Trump administration claim that enforcement agencies have expanded expedited removal policies beyond what the law allows.
For example, Customs and Border Protection may decide to complete expedited removal paperwork on an individual who was apprehended at a border or other international port of entry. CBP takes the individual into custody and deports them after just a few days. This is more serious than simply being refused entry as the violation could make immigrating in the future much more difficult for the individual.
Deportation Defense – How to Stop Removal Proceedings
Being placed in removal proceedings can obviously have serious consequences for your ability to stay in or eventually return to the United States. An attorney may be able to help you avoid deportation and/or facilitate a future in the United States.
There is no simply formula for escaping the removal process. Find an immigration lawyer who is experienced with deportation defense. That lawyer can help you and your family develop a strategy that’s unique to your specific situation.
Don’t wait to seek advice. Find an immigration attorney and get counsel as soon as possible. Speak to an attorney before making decisions.
That's why CitizenPath is constantly adapting and improving our online immigration services to serve you. Our focus is on helping you file applications and petitions correctly. The affordable service helps identify problems early and facilitates a quick processing time. With this approach, you can file your immigration applications knowing you did everything right.
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