Facing removal from the United States can be emotionally challenging and a daunting encounter for you and your family. Also known as deportation, removal is a procedure in which non-citizens are ordered to leave the U.S. if they are guilty of violating criminal or immigration laws. The U.S. Citizenship and Immigration Services (USCIS) is the government agency that deals with lawful immigration to the U.S. On the other hand, the U.S. Immigration and Customs Enforcement (ICE) deals with enforcement and removal operations. The Executive Office for Immigration Review presides over immigration court proceedings. You should seek the services of an immigration attorney if you are facing removal proceedings. An attorney can help you navigate this challenging situation and defend your rights.

Steps For Removal

You will undergo the following steps when facing removal or deportation from the United States:

Notice to Appear

The process of removing a non-citizen from the U.S. often starts with receiving a Notice to Appear (NTA). The Department of Homeland Security (DHS) will serve you with this notice and file it with the immigration court. This is a charging document ordering you to appear in an immigration court.

The NTA has several functions in an immigration trial. First, it gives reasons why the authorities in the U.S. believe you are deportable. It also issues notice on what you must look out for when tabling your argument in an immigration court. You should reply to the NTA’s notice fast because delays can attract serious repercussions. The NTA can also highlight the following:

  • The nature of the trial
  • The possible penalties you could face if you fail to show up during the hearings
  • Your ability to secure legal representation at your own cost
  • The charges you face and the statutory laws you have violated
  • Legal authority under which the case is filed

Master Calendar Hearing

The Master Calendar Hearing is your initial show-up before the immigration judge in immigration court. This is the first preliminary hearing, allowing you to respond to charges outlined in the Notice to Appear (NTA). The judge will allow you to present your request for relief from deportation. The relief could include:

  • Administrative closures
  • Cancellation of Removal
  • Stay of Removal
  • Relief under the CAT
  • Withholding of removal
  • Asylum

Several offenders could appear before the immigration judge at the master calendar hearing. The roster for the cases that the judge will handle can have up to ten offenders, who will all have a chance to respond to their respective charges.

The judge will explain everything clearly to the offenders during each proceeding. He/she is required to explain in the immigrant’s native language, which is one of the offender’s rights. For example, you have a right to hear and follow everything discussed during the hearing.

Sometimes, an offender can fail to attend the first and second Master Calendar proceedings if he/she requires some time to find legal representation. In this case, you should request the judge for ‘’continuance with a good cause’’.

The judge will want to know if you deny or agree to the charges if you decide to proceed with the hearing with or without the attorney’s services. If you disagree with your charges, you should deny them and request the prosecutor to prove the charges. You could be required to appear for the Individual Merits Hearing once the judge determines whether you qualify for any relief.

The Chief Counsel is your adversary during all the immigration court proceedings. He/she often stands to represent the U.S. and USCIS. A trial attorney will always be against you because they aim to remove you. However, the prosecutor must provide sufficient evidence that you qualify to be removed.

You must attend more than one master calendar proceeding before the judge sets an individual hearing. You risk losing your right to defend your case if you fail to appear at a master calendar hearing or any other scheduled hearing. This could attract a removal from the United States. Sometimes, a master hearing might be your only chance to defend yourself. The master hearing could be the final hearing if you admit to sufficient facts that enable the court to establish that deportation is appropriate.

Individual Hearing

An individual hearing is the proceeding at the Department of Homeland Security case. The prosecutor will table the evidence against you for removal at the individual hearing. Your attorney can help you secure various forms of relief, like seeking asylum status, voluntary departure, or cancellation of removal. However, you must meet specific eligibility requirements for each form of relief. Some of the requirements can include:

  • Upholding good moral character
  • Showing a credible fear of persecution for those seeking asylum

Your attorney can prepare exhibits, examine witnesses, and make an opening statement like a trial. The hearing will also be based on the accusations leveled against you. For example, the judge could deal with the merits hearing following criminal procedures if you committed aggravated felonies or other criminal convictions.

The prosecutor must provide enough evidence that you are deportable or removable from the country. The judge can order your removal if you fail to attend the hearing. You should always update yourself with the hearing date and your address with the USCIS for any changes.

Showing Up For Any Other Scheduled Proceedings

The judge can order you to attend any other proceedings, depending on your charges. Every extra court proceeding is set to address a specific issue. This does not apply to all charges, but you should learn if you are in this situation.

The other proceedings that the judge could set include:

Rescission Proceedings

The USCIS can examine the details provided and determine whether there were valid reasons why you should not have been a permanent resident when you received your status. The USCIS can release a Notice of Intent to Rescind (NOIR) after rescinding the lawful permanent resident (LPR) status. The NOIR will reveal why you do not qualify for adjustment of status.

Bail Redetermination Proceedings

The Department of Homeland Security can sometimes release you from detention upon posting bail. For legal purposes, you can forfeit the amount posted as bail if you do not attend a scheduled proceeding. The Department of Homeland Security initially set the bail, but it is not final. The law permits you to request the court to schedule a bail hearing to adjust the amount based on certain circumstances. The factors include:

  • Whether you are a safety risk to society
  • Your immigration status, or
  • The situation of your job

The law permits the immigration judge to re-determine the amount of bail set by the DHS during the bail hearing. You or the Department of Homeland Security can appeal the ruling of the bail hearing.

You can appeal to the Board of Immigration Appeals (BIA). The process of removal or deportation is different from a bail hearing. A bail hearing is typically a temporary measure for your freedom from jail until you attend immigration court.

The Final Ruling

After finishing all the required proceedings, the immigration judge will make the final ruling. You could be deported or removed from the United States if the ruling is against you. However, you can launch your appeal with the immigration court or go for other forms of relief. If you fail to appeal, you will receive a removal letter from the authorities. The letter could let you know when and where to report for your travel.

Types Of Relief From Removal

It can be hard to navigate various forms of relief because every relief has a specific criteria. You could also require extra documentation to support your relief application. Immigrants can access the following types of relief if facing removal or deportation:

Adjustment Of Status

Adjustment of status is when you can apply for a green card or permanent resident status if you are already in the U.S. You will become a permanent resident without returning to your mother country to process your visa. The procedure for adjustment of status is as follows:

  • Determine if you qualify to apply for a Green Card
  • You or your attorney can file an immigration petition
  • Check the availability of visa
  • File form I-485
  • Go to your Application Support Center appointment
  • Attend your interview if necessary
  • Respond to request for extra evidence if asked to do so
  • Check your case status
  • Receive a decision

You can secure your visa abroad through consular processing if you are outside the U.S.

Asylum

If you return to your mother country, you can apply for asylum in the United States if you have a well-founded fear of persecution. The law permits you to apply for a green card after a year of securing asylum status if the asylum conditions are still present. If granted asylum, you will be protected and given the right to stay in the United States as an asylee. Persecution can be any harm or threat to your or your family members. You can only apply for asylum if it is evident that someone harmed or can harm you because of your nationality, race, religion, political opinion, or being part of a certain social group.

If denied asylum, you will have up to thirty days to petition the Board of Immigration Appeals. This is the highest immigration court in the United States. If your petition still fails, you can file your appeal at the federal court or even the Supreme Court before you are deported. A credible fear or torture in your home country is a valid defense against deportation.

Withholding-Only Hearings

Withholding deportation is another relief; you must provide sufficient evidence that you will face danger in your mother country. The immigration judge could set a hearing to ascertain if you have substantial evidence to support your claims and to withhold removal.

Cancellation Of deportation

This is a type of pardon where immigration permits you to live in the United States as a lawful permanent resident (LPR). Cancellation of removal is usually in the following forms:

  • One is available for immigrants who have resided in the United States for at least seven years and become removable.
  • The second one is available for immigrants who have resided in the United States for at least ten years without documentation.

Apart from the ten-year requirement for the second form, you must also provide sufficient evidence that removal could cause unusual challenges for your family residing in the U.S.

Stay Of Removal

The Department of Homeland Security or an immigration judge can grant you a stay of removal. This will stop your removal or deportation for several reasons, including:

  • Medical emergencies
  • Humanitarian reasons
  • Pending appeals

The Department of Homeland Security will evaluate your inadmissibility or admissibility for a stay of removal through Immigration and Customs Enforcement (ICE). The ICE can order you to provide documentation or evidence to support your application. Your application for a stay of removal can be rejected if you fail to file or submit the application and documents required.

Motion To Reopen

The law permits you to file a motion to reopen your case if an immigration judge rules against you. The motion to reopen your case allows you to request the immigration judge or the Board of Immigration Appeals (BIA) to consider unavailable evidence. The motion could also act as a request to vacate the final ruling. You must table new facts supported by documentary evidence during the motion to reopen your case.

Find An Experienced Immigration Attorney Near Me

If you or a loved one is facing deportation or removal proceedings from the United States, our reliable immigration attorneys at the Orange County Immigration Attorney can help. For many years, we have represented immigrants facing removal proceedings and obtained favorable outcomes for their cases. When you contact us, our attorney will start working on your case immediately to find the most suitable defense strategy. We will explore the various relief options to identify the one that best suits you. You should not face removal proceedings without an attorney, given the intricate nature of the U.S. immigration courts. Our attorneys will help you navigate the removal proceedings without intimidation. Contact us at 714-909-0426 to speak to one of our attorneys.