Immigration law is a complex web of rules and procedures, with one of its most profound aspects being removal proceedings. For many, ‘removal’ is synonymous with ‘deportation.’ In essence, it signifies the formal process where a non-U.S. citizen, whether undocumented or with legal status, is ordered to leave the country. Below is an overview of what removal proceedings involve:
1. Notice to Appear (NTA):
The process typically begins when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA). This document specifies the reasons why the individual should be removed from the U.S. The NTA is then filed with the Executive Office for Immigration Review, signaling the start of formal proceedings.
2. Initial Hearing (Master Calendar Hearing):
The individual, now referred to as the ‘respondent,’ is summoned for a master calendar hearing before an immigration judge. The respondent is informed about their rights during this hearing, and preliminary matters are discussed. It’s also an opportunity for the respondent to confirm or deny allegations and the charges against them.
3. Merits Hearing (Individual Hearing):
If the case isn’t resolved at the initial hearing, it proceeds to the individual hearing. This is a more detailed session where both sides – the government and the respondent – present evidence, call witnesses, and make arguments. The aim is to determine if the respondent should indeed be removed or if they qualify for any relief.
4. Decision:
At the end of the merits hearing, the immigration judge can make a decision immediately or at a later date. Suppose the judge rules in favor of removal. In that case, the respondent has a set period to depart voluntarily or may be forcibly removed by U.S. Immigration and Customs Enforcement (ICE).
5. Appeals:
If the outcome is unfavorable, the respondent can appeal the decision to the Board of Immigration Appeals (BIA). If the BIA decision is still unsatisfactory, further appeals can be made to the federal appellate court.
Understanding One's Rights:
Respondents have the right to legal representation throughout removal proceedings, though not at the government’s expense. They also have the right to examine the evidence, cross-examine government witnesses, and appeal unfavorable decisions.
Conclusion:
Removal proceedings are a grave matter with life-changing implications. Navigating this process requires a deep understanding of the law. It is crucial for individuals facing removal to seek knowledgeable legal representation. With proper guidance, navigating this challenging process and exploring all available options is possible.
Our 0ffice offers a wide range of immigration services and helps foreign nationals and their families get status in the U.S.. Call us at 206-566-7211, send us an email at [email protected], or book a consultation now.
