Removal proceedings represent an extremely serious matter with potentially life-altering consequences for foreign nationals living in the United States. This process can result in the individual being deported from the country. As such, all immigrants must comprehend the complexities of these proceedings to protect their rights. Please continue reading as we explore what you should know about these matters and how our experienced Essex County Deportation Defense Attorneys can guide you through it.
What Are Removal Proceedings?
A removal proceeding, commonly known as deportation, is the legal process that determines whether a non-citizen can remain in the country or must be expelled. Generally, these proceedings are carried out before a judge in immigration court. The U.S. government, usually Immigration and Customs Enforcement (ICE), initiates removal proceedings when a non-citizen has violated immigration laws or has lost their immigration status.
It’s important to note that those facing removal proceedings have certain rights, including the right to legal counsel, the right to present evidence, and the right to appeal the judge’s final ruling.
What Are the Grounds for Deportation in the United States?
Removal proceedings are only commenced when there is a legitimate basis to believe that a foreign national has acted in contravention of the laws governing their legal presence in the country. Various actions and circumstances can lead to the initiation of deportation. This includes:
- Criminal activity (aggravated felonies, domestic violence, drug crimes, and crimes of moral turpitude)
- Immigration law violations (unlawful presence, overstaying a visa, immigration fraud, and failure to comply with immigration obligations)
- Becoming a public charge
- Failure to appear in court
- National security risk
- Unlawful employment
Even if immigration authorities believe you are deportable, you are entitled to a court hearing to defend yourself against this action and will not be removed from the country immediately.
How Do Removal Proceedings Work?
The removal process typically begins with the issuance of a Notice to Appear (NTA), which is a document outlining the allegations against the foreign national and informing them of their obligation to appear before a judge in immigration court. You need to respond promptly to NTA, as delays can lead to significant consequences.
Foreign nationals facing removal proceedings will have two hearings: a master calendar hearing for preliminary matters and an individual hearing where the individual will have the opportunity to present their case to the judge. The immigration judge will determine whether the foreign national is deportable based on the evidence presented by both sides.
In some cases, a foreign national’s master hearing serves as their sole and final hearing. This occurs when the individual concedes enough facts for the court to determine that their removal is legally justified.
The outcome of removal proceedings may include the individual being ordered to leave the U.S., the charges against the individual being dropped, or the individual being allowed to remain in the country under a new immigration status or being granted relief.
If you are facing deportation, it’s in your best interest to contact an attorney from The Law Offices of Christopher T. Howell, Esq., to understand your legal options and navigate the intricacies of the removal process. Connect with our firm today for more information.