What Are Removal Proceedings?

You may find yourself facing removal proceedings if the US government wants you out of the country. Removal proceedings are an enforcement process in which a non-citizen of the US can be deported because they entered the country by fraud or committed a crime that makes them eligible for removal. Working with an experienced immigration attorney can help you fight deportation. Alina Kats and her team of experts provide professional assistance with removal defense and present your case to the judge in the best way to establish your legal status in the United States as soon as possible.

Removals proceedings refer to the legal process through which the United States government seeks to remove or deport a non-US citizen from the country. The proceedings are initiated when Immigration and Customs Enforcement recognizes that a foreign national is not entitled to remain in the US as a result of some criminal offense, threat to public safety, and fraud or unlawful activities.

Read on to learn more about removal proceedings, how they are conducted, and what are the common forms of relief available that can stop your departure from the United States.

What Are Removal Proceedings?

Removal proceedings are hearings before an immigration judge to determine if you can remain in the United States, usually initiated when the government alleges you lack valid immigration status or have engaged in actions that endanger your status. It is also called a deportation proceeding.

In all of these cases, the U.S. government is challenging your immigration status, and you must appear before an immigration judge. Even if you become a US citizen, you can still be removed if you have committed fraud or violated immigration laws in acquiring your green card or citizenship.

How Do Removal Proceedings Work?

Usually, the Immigration and Customs Enforcement (ICE) begins a removal proceeding when they detain someone or issue a notice to appear (NTA). This notice states that the person is deportable and explains the reasons behind it. They do it under the authority given to them by the Immigration and Nationality Act.

The NTA may provide the initial hearing date and location, or you may receive a separate notice with this information.

Detention and Bond

In certain cases, ICE may hold a foreign national in a detention center while the removal proceedings are pending. There are various legal reasons why detention is mandatory, such as prior commission, an aggravated felony, or status as an arriving alien. You may request a bond hearing in which the immigration judge will consider if you are eligible for a bond to release you from detention once the bond is posted.

What Happens During the Removal Proceedings Case?

There are two types of hearings held in immigration court. They are a master hearing and individual hearing, also known as a merits hearing. The case is heard by an immigration judge and potentially reviewed by an appellate immigration judge at the Board of Immigration Appeals.

Master Calendar Hearing

The purpose of this hearing is to accept the pleading to the factual allegations and legal charges. During the hearing, an immigration judge will quickly review your case and address preliminary matters in the removal case. A master calendar hearing usually comprises many cases, which the judge calls one after another. The judge will also handle other procedural matters, advise you about your legal rights and responsibilities, and schedule an individual hearing to review your case more closely if you are removable but still eligible for relief from removal.

The proceedings may be terminated if the judge finds you not eligible for removal. In certain cases, they may also issue a final order for your removal.

Individual or Merits Hearing

You are given time to file appropriate relief applications and meet other filing deadlines such as submitting witness lists before an individual hearing. This is the final hearing in which the judge reviews your case more closely. Here you can present your case to the government and explain why they should not remove you from the United States. Your attorney and the ICE will also present documents and provide testimony. After considering the evidence, the court issues a ruling, either granting or denying the relief you seek.

This hearing is the main event in the removal proceedings where the immigrant, often referred to as the respondent gets a chance to present evidence, testify, and argue why they should be allowed to remain in the United States. It is essential to attend your hearing or the judge may order you removed in abstention, a decision made while you were not present.

The Executive Office for Immigration Review (EOIR) manages the immigration courts and oversees the removal process. The government can appeal the judge’s decision. You can also appeal to a federal court of appeal and the Supreme Court. However, federal courts have more restricted judicial review of removal orders, considering previous court precedents and law. The limited judicial review means they may not be able to take every immigration call.

What Is Relief From Removal?

Several legal options can help you avoid deportation. They are called relief from removal and allow you to delay your removal or prove that you should not have faced deportation in the first place. You be able to be able to provide reasons why ICE should not remove you.

How to Stop Removal Proceedings?

The following options are the most common forms of relief. Some of these options can stop a removal proceeding while others can only delay deportation or give you a chance to pursue a third possibility.

• Voluntary departure – It means you agree to return to your home country on your own accord. If you go with this option, the order of removal will not appear on your record and you may be able to enter the US after a ban of 10 years. You can request ICE or the immigration judge for this order. It is easier to receive voluntary departure at the beginning of the proceedings than at the end. If you have committed certain crimes, you may not be eligible for voluntary departure.
• Pursue cancellation of removal process – Cancellation of removal allows certain people who have been in the United States for some time to stay. It also dissolves the removal order so ICE will not deport you from the United States. Having your removal canceled depends on your immigration status and previous record.
• Apply for status adjustment – This process can help you become an LRP within the United States. You must leave the country and apply for status adjustment from your home country. Meeting the U.S. Citizenship and Immigration Services (USCIS) requirements is crucial for applying for adjustment of status.
• Administrative appeal – The Board of immigration appeals (BIA) hears appeals of immigration judge’s decisions and some of the Department of Homeland Security (DUHS) decisions. You can appeal an immigration judge’s decision within 30 days from the date of the decision to stop your removal.
• Apply for asylum – If you cannot return to your home country due to the fear of facing persecution due to your race, religion, nationality, membership in a particular social group, or political opinion, you can apply for asylum. You will get legal status and a work permit. However, you must file an asylum application within one year of entering the US. You must not be convicted of certain crimes or pose a threat to national security to qualify for asylum.
• File a motion to reconsider or reopen – You can file a motion to reopen or reconsider a previous decision with an immigration judge or the BIA. A motion to reopen is for introducing new and additional evidence or facts that were not available during the original hearing. It should be filed within 89 days of the final removal order. A motion to reconsider is for reexamining the decision due to errors, law, or fact and must be filed within 30 days of the final removal order.
• Get a stay on removal – A stay on removal can temporarily postpone the DHS from carrying out the removal order. It can be automatic or temporary.

Remember, while relief options can help to delay or stop deportation, it is not always possible to get them or applicable to every situation.

If you are going through removal proceedings, you should not go through the process without an experienced immigration attorney by your side. Timely and strong legal representation can make a huge difference and give you the chance to successfully present your case in court. Alina Kats has extensive experience in dealing with immigration cases and removal proceedings and can help prevent removal by finding the most suitable claims that apply to your situation. She understands the complexities of the immigration laws and advocates for you in the best possible way to secure your future in the United States.